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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS Members and Sloan Foundation 



http://archive.org/details/ordinances982balt 



Ordinances and Resolutions 



of the 



Mayor and City Council 



of Baltimore 



Passed at the Annual Session 1997-1998 




Published by 

Baltimore City Department of Legislative Reference 

Avery Aisenstark, Director 

Nancy Boyd Ray, Legislative Editor 

Maryland Cole, Staff Attorney 



Volume 2 



Mayor and City Council of Baltimore 
Department of Legislative Reference 



Copyright © 1999 

The Mayor and City Council of Baltimore 
Department of Legislative Reference 



Explanation of symbology 

Capitals indicate matter added to existing law. 
[Brackets] indicate matter deleted from existing law. 
Underlining indicates matter added to the bill by amendment. 
Strike out indicates matter stricken from the bill 

by amendment or deleted from existing law by amendment. 
Underlined italics indicate matter added to the bill by 

amendment after printing for third reading. 



1 997- 1 998 Session Ord. 98-328 

Enrolled 

City of Baltimore 
Ordinance 98-328 
Council Bill 98-717 

An Ordinance Concerning 

City Employment — Registration with Selective Service 

FOR the purpose of requiring that, if an applicant certain applicants for 
employment with the City is also required by federal law to regist e r 
with th e Fed e ral Selective Service Syst e m, the applicant must to submit 
evidence of registration at th e time of application before appointm e nt 
with the Federal Selective Service System or of military service ', and 
prohibiting employment by the City until the required documentation is 
submitted. 

By adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 15A 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — City Officers and Employees 

15 A. Registration with Federal Selective Service System. 

(A) If an applicant for employment with the City is also 
required by federal law to register with the Federal 
Selective Service, the applicant must submit , before 
appointment, evidence of registration at the time of 
application before appointment or of prior or current 
service in the armed forces of the united states. 



321 



Ord. 98-329 1 997- 1 998 Session 



(B) A PERSON MALE BORN AFTER DECEMBER 31, 1 959. MAY NOT BE 

EMPLOYED BY THE ClTY UNTIL ANY DOCUMENTATION REQUIRED BY 
SUBSECTION (A) OF THIS SECTION HAS BEEN SUBMITTED. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 23, 1998 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 98-329 
Council Bill 98-738 

An Ordinance Concerning 

Annual Property Tax — Fiscal Year 1999 

FOR the purpose of providing a tax for the use of the Mayor and City 
Council of Baltimore for the period July 1, 1998, through June 30, 
1999. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That for the period July 1, 1998, through June 30, 1999, a tax 
of $5. 8 5 $5.82 is levied and imposed on every $100 of assessed or 
assessable value of property in the City of Baltimore (except property that is 
exempt by law from this rate) for the use of the Mayor and City Council of 
Baltimore, and this tax shall be paid and collected in the manner prescribed 
by law. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 23, 1998 

Kurt L. Schmoke, Mayor 



322 



1 997- 1 998 Session Ord. 98-330 



City of Baltimore 
Ordinance 98-330 
Council Bill 97-476 

An Ordinance Concerning 

Rezoning - 3140 Washington Boulevard 

FOR the purpose of changing the zoning for the property known as 3140 
Washington Boulevard (Lot 2A, Block 7755), as outlined in red on the 
accompanying plat, from the M-2-1 Zoning District to the B-2-1 
Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 73 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 73 of the Zoning District Maps is amended by 
changing from the M-2-1 Zoning District to the B-2-1 Zoning District the 
property known as 3140 Washington Boulevard (Lot 2A, Block 7755), as 
outlined in red on the plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



323 



Ord. 98-33 1 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-331 
Council Bill 97-477 

An Ordinance Concerning 

Rezoning - Ashburton 

For the purpose of changing the zoning for the properties certain 

properties within the area bounded by Wabash Avenue, Liberty Heights 
Avenue, Callaway Avenue, an4 Belle Avenue , Dolfield Avenue, and 
Hilton Road , as outlined in red on the accompanying plat, to the R 1 
Zoning District follows: the properties indicated in green on the 
amended plat from the R-4 Zoning District to the R-l Zoning District; 
the properties indicated in orange from the R-3 Zoning District to the R- 
1 Zoning District; the properties indicated in yellow from the R-2 
Zoning District to the R-l Zoning District; and the properties indicated 
in pink from the R-4 Zoning District to the R-3 Zoning District . 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 22, 23, 32, 33 
Baltimore City Code 

Section 1. Be it ordained by the mayor and city council of 
BALTIMORE, That Sheets 22, 23, 32, and 33 of the Zoning District Maps are 
amended by changing to the R-l and R-3 Zoning District the Districts the 
following properties lying within the area bounded by Wabash Avenue, 
Liberty Heights Avenue, Callaway Avenue, an4 Belle Avenue , Dolfield 
Avenue, and Hilton Road , as outlined in red all as indicated on the amended 
plat accompanying this Ordinanceri 

Properties to be rezoned from the R-4 District to the R-l District, 
indicated in green : 

Block 3123D/ Lot 001: 3300 Sequoia Avenue 
Lot 002: 3302 Sequoia Avenue 
Lot 003-007: 3304 Sequoia Avenue 
Lot 008-012: 3320 Sequoia Avenue 

Block 3107/ Lot 001 : 3210 Liberty Heights Avenue 
Lot 002: 3208 Liberty Heights Avenue 
Lot 003: 3206 Liberty Heights Avenue 



324 



1997-1998 Session 



Ord. 98-331 



Block 3108/ Lot 003: 3204 Liberty Heights Avenue 

Lot 002: 3202 Liberty Heights Avenue 
Lot 003: 3200 Liberty Heights Avenue 

Block 3109/ Lot 003: 31 10 Liberty Heights Avenue 



Properties to be rezoned from the R-3 District to the R- 
indicated in orange: 



District, 



Block 3 1 06/ Lot 011: 3404 Hilton Road 



Lot 012 



Lot 021 



Lot 029 



Lot 030 



Lot 031 



3406 Hilton Road 



3306 Egerton Road 



3301 Dorchester Road 



3303 Dorchester Road 



3305 Dorchester Road 



Block 3107/ Lot 004: 3401 Hilton Road 
Lot 005: 3403 Hilton Road 



Lot 006: 
Lot 007: 
Lot 008: 
Lot 017: 



3405 Hilton Road 
3407 Hilton Road 
3409 Hilton Road 
3215 Dorchester Road 



Lot 1 6: 3213 Dorchester Road 
Lot 015: 3215 Dorchester Road 



Block 3108/ 



Lot 014: 3410 Lynchester Road 

Lot 013: 3408 Lynchester Road 

Lot 1 2 : 3406 Lynchester Road 

Lot 011: 3404 Lynchester Road 

Lot 010: 3402 Lynchester Road 

Lot 009: 3400 Lynchester Road 
Lot 004: 3401 Lynchester Road 



Lot 005: 3403 Lynchester Road 

Lot 006: 3405 Lynchester Road 

Lot 007: 3407 Lynchester Road 

Lot 008: 3409 Lynchester Road 

Lot 009: 3400 Ellamont Road 

Lot 010: 3402 Ellamont Road 

Lot 01 1 : 3404 Ellamont Road 

Lot 012: 3406 Ellamont Road 

Lot 013: 3408 Ellamont Road 

Lot 014: 3201 Dorchester Road 

Lot 015: 3203 Dorchester Road 

Lot 016: 3205 Dorchester Road 

Lot 017: 3411 Lynchester Road 
Block 3109/ Lot 004: 3401 Ellamont Road 



325 



Ord. 98-331 



1997-1998 Session 



Lot 005: 3403 Ellamont Road 
Lot 006: 3405 Ellamont Road 
Lot 007: 3407 Ellamont Road 
Lot 008: 3409 Ellamont Road 
Lot 009: 341 1 Ellamont Road 
Lot 010: 3413 Ellamont Road 

Properties to be rezoned from the R-2 District to the R-l District, 
indicated in yellow: 

Block 3101/ Lot 001: 3401-3403 Callaway Avenue 
Lot 002: 3405 Callaway Avenue 
Lot 003: 3407 Callaway Avenue 
Lot 004: 3409 Callaway Avenue 
Lot 005: 3411 Callaway Avenue 
Lot 006: 341 3 Callaway Avenue 
Lot 007: 3415 Callaway Avenue 
Lot 008: 3417 Callaway Avenue 
Lot 009: 3414 Copley Road 
Lot 010: 3412 Copley Road 
Lot 011: 3410 Copley Road 
Lot 012: 3408 Copley Road 
Lot 013: 3406 Copley Road 
Lot 014: 3404 Copley Road 
Lot 015: 3402 Copley Road 
Lot 016-018: 3608-3610 Liberty Heights 

Avenue 
Lot 019: 3612 Liberty Heights Avenue 

Block 3 102/ Lot 001 : 3606 Liberty Heights Avenue 



Lot 002: 3604 Liberty Heights Avenue 

Lot 002A: 3602 Liberty Heights Avenue 

Lot 002B: 3600 Liberty Heights Avenue 

Lot 003: 3401 Copley Road 

Lot 004: 3403 Copley Road 

Lot 005: 3405 Copley Road 

Lot 006: 3407 Copley Road 

Lot 007: 3409 Copley Road 

Lot 008: 3411 Copley Road 

Lot 009: 3413 Copley Road 

Lot 010: 3415 Copley Road 

Lot 011: 3601 Dorchester Road 

Lot 012: 3412 Grantley Road 

Lot 1 3 : 34 1 Grantley Road 



326 



1997-1998 Session 



Ord. 98-331 



Block 3103/ 



Lot 014: 3408 Grantley Road 
Lot 015: 3406 Grantley Road 
Lot 016: 3404 Grantley Road 
Lot 017: 3402 Grantley Road 
Lot 018: 3400 Grantley Road 
Lot 001: 3510 Liberty Heights Avenue 



Lot 002: 3508 Liberty Heights Avenue 

Lot 003: 35 1 Liberty Heights Avenue 

Lot 004: 3401 Grantley Road 

Lot 005: 3403 Grantley Road 

Lot 006: 3405 Grantley Road 

Lot 007: 3407 Grantley Road 

Lot 008: 3409 Grantley Road 

Lot 009: 3411 Grantley Road 

Lot 1 0: 3413 Grantley Road 

Lot 01 1 : 3415 Grantley Road 

Lot 012: 3414 Cedardale Road 



Lot 013: 
Lot 014: 
Lot 015: 
Lot 016: 
Lot 017: 
Lot 018: 
Lot 019: 



3412 Cedardale Road 
3410 Cedardale Road 
3408 Cedardale Road 
3406 Cedardale Road 
3404 Cedardale Road 
3402 Cedardale Road 
3400 Cedardale Road 



Block 3104/ Lot 001: 3504 Liberty Heights Avenue 
Lot 002: 3502 Liberty Heights Avenue 
Lot 003: 3500 Liberty Heights Avenue 
Lot 004: 3401 Cedardale Road 
Lot 005: 3403 Cedardale Road 
Lot 006: 3405 Cedardale Road 
Lot 007: 3407 Cedardale Road 
Lot 008: 3409 Cedardale Road 
Lot 009: 3411 Cedardale Road 
Lot 010: 3413 Cedardale Road 
Lot 01 1 : 341 5 Cedardale Road 
Lot 012: 3414 Edgewood Road 
Lot 013: 3412 Edgewood Road 
Lot 014: 3410 Edgewood Road 
Lot 015: 3408 Edgewood Road 
Lot 016: 3406 Edgewood Road 
Lot 017: 3404 Edgewood Road 
Lot 018: 3402 Edgewood Road 
Lot 019: 3400 Edgewood Road 



327 



Ord. 98-331 



1997-1998 Session 



Block 3 105/ Lot 001 : 3401 Edgewood Road 
Lot 002: 3409 Edgewood Road 
Lot 003: 341 1 Edgewood Road 
Lot 004: 3414 Denison Road 
Lot 005: 3412 Denison Road 

Block 3 106/ Lot 001 : 3300 Liberty Heights Avenue 

Lot 001 A: 3302 Liberty Heights Avenue 

Lot 002: 3304 Liberty Heights Avenue 

Lot 003: 3306 Liberty Heights Avenue 

Lot 004: 3308 Liberty Heights Avenue 

Lot 005: 33 10 Liberty Heights Avenue 

Lot 006: 33 12 Liberty Heights Avenue 

Lot 007: 3314 Liberty Heights Avenue 

Lot 008: 33 1 6 Liberty Heights Avenue 

Lot 009: 3400 Hilton Road 

Lot 010: 3402 Hilton Road 

Lot 013: 3305 Egerton Road 

Lot 014: 3307 Egerton Road 

Lot 015: 3309 Egerton Road 

Lot 016: 331 1 Egerton Road 

Lot 017: 3313 Egerton Road 

Lot 018: 3315 Egerton Road 

Lot 019: 3317 Egerton Road 

Lot 020: 3319 Egerton Road 

Lot 022: 3308 Egerton Road 

Lot 023: 3310 Egerton Road 

Lot 024: 3312 Egerton Road 

Lot 025: 3314 Egerton Road 

Lot 026: 3316 Egerton Road 

Lot 027: 3318 Egerton Road 

Lot 028: 3320 Egerton Road 

Lot 029: 3301 Dorchester Road 

Lot 030: 3303 Dorchester Road 

Lot 03 1 : 3305 Dorchester Road 

Lot 032: 3307 Dorchester Road 

Lot 033: 3309 Dorchester Road 

Lot 034: 33 1 1 Dorchester Road 

Lot 035: 33 1 3 Dorchester Road 

Lot 036-037: 3315-3317 Dorchester Road 

Lot 038: 3319 Dorchester Road 

Block 3113/ Lot 001 : 3501 Callaway Avenue 
Lot 002: 3503 Callaway Avenue 
Lot 003: 3505 Callaway Avenue 



328 



1 997- 1 998 Session Ord. 98-33 



Lot 004: 3507 Callaway Avenue 
Lot 005: 3509 Callaway Avenue 
Lot 006: 351 1 Callaway Avenue 
Lot 007: 3601 Callaway Avenue 
Lot 008: 3603 Callaway Avenue 
Lot 009: 3605 Callaway Avenue 
Lot 010: 3607 Callaway Avenue 
Lot 01 1 : 3609 Callaway Avenue 
Lot 012: 3611 Callaway Avenue 
Lot 013: 3613 Callaway Avenue 
Lot 014: 3701 Callaway Avenue 
Lot 015: 3703 Callaway Avenue 
Lot 016: 3705 Callaway Avenue 
Lot 017: 3707 Callaway Avenue 
Lot 018: 3709 Callaway Avenue 
Lot 019: 3500 Copley Road 
Lot 020: 3502 Copley Road 
Lot 021: 3504 Copley Road 
Lot 022: 3506 Copley Road 
Lot 023: 3508 Copley Road 
Lot 024: 3510 Copley Road 
Lot 025: 3600 Copley Road 
Lot 026: 3602 Copley Road 
Lot 027: 3604 Copley Road 
Lot 028: 3606 Copley Road 
Lot 029: 3608 Copley Road 
Lot 030: 3610 Copley Road 
Lot 031: 3612 Copley Road 
Lot 032: 3700 Copley Road 
Lot 033: 3702 Copley Road 
Lot 034: 3704 Copley Road 
Lot 035: 361 1 Sequoia Avenue 
Lot 036: 3613 Sequoia Avenue 
Block 3114/ Lot 001 : 3501 Copley Road 
Lot 002: 3503 Copley Road 
Lot 003: 3505 Copley Road 
Lot 004: 3507 Copley Road 
Lot 005: 3509 Copley Road 
Lot 006: 351 1 Copley Road 
Lot 007: 3601 Copley Road 
Lot 008: 3603 Copley Road 
Lot 009: 3605 Copley Road 
Lot 010: 3607 Copley Road 



329 



Ord. 98-33 1 1 997- 1 998 Session 



Lot Oil: 3609 Copley Road 
Lot 012: 3611 Copley Road 
Lot 013: 3613 Copley Road 
Lot 014: 3701 Copley Road 
Lot 015: 3703 Copley Road 
Lot 016: 3705 Copley Road 
Lot 017: 3609 Sequoia Avenue 
Lot 018: 3607 Sequoia Avenue 
Lot 019: 3605 Sequoia Avenue 
Lot 020A: (3603) Sequoia Avenue (vacant lot) 
Lot 020: 3601 Sequoia Avenue 
Lot 021 : 3704 Grantley Road 
Lot 022: 3702 Grantley Road 
Lot 023: 3700 Grantley Road 
Lot 024: 3612 Grantley Road 
Lot 025: 3610 Grantley Road 
Lot 026: 3608 Grantley Road 
Lot 027: 3606 Grantley Road 
Lot 028: 3604 Grantley Road 
Lot 029: 3602 Grantley Road 
Lot 030: 3600 Grantley Road 
Lot 03 1 : 3510 Grantley Road 
Lot 032: 3508 Grantley Road 
Lot 033: 3506 Grantley Road 
Lot 034: 3504 Grantley Road 
Lot 035: 3502 Grantley Road 
Lot 036: 3500 Grantley Road 
Block 3115/ Lot 001 : 3501 Grantley Road 
Lot 002: 3503 Grantley Road 
Lot 003: 3505 Grantley Road 
Lot 004: 3507 Grantley Road 
Lot 005: 3509 Grantley Road 
Lot 006: 3511 Grantley Road 
Lot 007: 3601 Grantley Road 
Lot 008: 3603 Grantley Road 
Lot 009: 3605 Grantley Road 
Lot 010: 3607 Grantley Road 
Lot 01 1 : 3609 Grantley Road 
Lot 012: 3611 Grantley Road 
Lot 1 3 : 3613 Grantley Road 
Lot 014-015: 3701 Grantley Road 
Lot 016: 3705 Grantley Road 
Lot 017: 3515 Sequoia Avenue 



330 



1 997- 1 998 Session Ord. 98-33 1 



Lot 01 8: 3513 Sequoia Avenue 
Lot 019: 3509 Sequoia Avenue 
Lot 020: 3704 Cedardale Road 
Lot 02 1 : 3702 Cedardale Road 
Lot 022: 3700 Cedardale Road 
Lot 023: 3612 Cedardale Road 
Lot 024: 3610 Cedardale Road 
Lot 025: 3608 Cedardale Road 
Lot 026: 3606 Cedardale Road 
Lot 027: 3604 Cedardale Road 
Lot 028: 3602 Cedardale Road 
Lot 029: 3600 Cedardale Road 
Lot 030: 35 1 Cedardale Road 
Lot 03 1 : 3508 Cedardale Road 
Lot 032: 3506 Cedardale Road 



Lot 033: 3504 Cedardale Road 

Lot 034: 3502 Cedardale Road 

Lot 035: 3500 Cedardale Road 
Block 3116/ Lot 001 : 3501 Cedardale Road 

Lot 002: 3503 Cedardale Road 

Lot 003: 3505 Cedardale Road 

Lot 004: 3507 Cedardale Road 

Lot 005: 3509 Cedardale Road 

Lot 006: 351 1 Cedardale Road 

Lot 007: 3601 Cedardale Road 

Lot 008: 3603 Cedardale Road 

Lot 009: 3605 Cedardale Road 

Lot 010: 3607 Cedardale Road 

Lot 01 1 : 3609 Cedardale Road 

Lot 012: 3611 Cedardale Road 

Lot 01 3: 361 3 Cedardale Road 

Lot 014: 3701 Cedardale Road 

Lot 015: 3703 Cedardale Road 

Lot 016: 3705 Cedardale Road 

Lot 017: 3507 Sequoia Avenue 

Lot 01 8: 3503 Sequoia Avenue 

Lot 019: 3501 Sequoia Avenue 

Lot 020: 3704 Edgewood Road 

Lot 021 : 3702 Edgewood Road 

Lot 022: 3700 Edgewood Road 

Lot 023: 3612 Edgewood Road 

Lot 024: 3610 Edgewood Road 

Lot 025: 3608 Edgewood Road 

331 



Ord. 98-33 1 1 997- 1 998 Session 



Lot 026: 3606 Edgewood Road 
Lot 027: 3604 Edgewood Road 
Lot 028: 3602 Edgewood Road 
Lot 029: 3600 Edgewood Road 
Lot 030: 35 1 Edgewood Road 
Lot 03 1 : 3508 Edgewood Road 
Lot 032: 3506 Edgewood Road 
Lot 033: 3504 Edgewood Road 
Lot 034: 3502 Edgewood Road 
Lot 035: 3500 Edgewood Road 
Block 3117/ Lot 001: 3501 Edgewood Road 
Lot 002: 3503 Edgewood Road 
Lot 003: 3505 Edgewood Road 
Lot 004: 3507 Edgewood Road 
Lot 005: 3509 Edgewood Road 
Lot 006: 3511 Edgewood Road 
Lot 007: 3601 Edgewood Road 
Lot 008: 3603 Edgewood Road 
Lot 009: 3605 Edgewood Road 
Lot 010: 3607 Edgewood Road 
Lot 01 1 : 3609 Edgewood Road 
Lot 012: 361 1 Edgewood Road 
Lot 013: 3613 Edgewood Road 
Lot 014: 3701 Edgewood Road 
Lot 015: 3703 Edgewood Road 
Lot 016: 3705 Edgewood Road 
Lot 017: 3707 Edgewood Road 
Lot 018: 3405 Sequoia Avenue 
Lot 019: 3403 Sequoia Avenue 
Lot019A: 3401 Sequoia Avenue 
Lot 020-021 : 3702 Denison Road 
Lot 022: 3700 Denison Road 
Lot 023: 3612 Denison Road 
Lot 024: 3610 Denison Road 
Lot 025-026: 3606 Denison Road 
Lot 027: 3604 Denison Road 
Lot 028: 3602 Denison Road 
Lot 029: 3600 Denison Road 
Lot 030: 35 10 Denison Road 
Lot 03 1 : 3508 Denison Road 
Lot 032: 3506 Denison Road 
Lot 033: 3504 Denison Road 
Lot 034: 3502 Denison Road 



332 



1 997- 1 998 Session Ord. 98-33 1 



Lot 035: 3500 Denison Road 
Block 3123/ Lot 001: 3610 Copley Road 
Lot 002: 3612 Copley Road 
Lot 003: 3801 Callaway Avenue 
Lot 004: 3803 Callaway Avenue 
Lot 005: 3805 Callaway Avenue 
Lot 006: 3807 Callaway Avenue 
Lot 007: 3809 Callaway Avenue 
Lot 008: 3811 Callaway Avenue 
Lot 009: 3813 Callaway Avenue 
Lot 010: 3815 Callaway Avenue 
Lot 011: 3817 Callaway Avenue 
Lot 012: 3819 Callaway Avenue 
Lot 013: 3821 Callaway Avenue 
Lot 018: 3800 Copley Road 
Lot 019: 3802 Copley Road 
Lot 020: 3804 Copley Road 
Lot 021: 3806 Copley Road 
Lot 022: 3808 Copley Road 
Lot 023: 3810 Copley Road 
Lot 024: 3812 Copley Road 
Lot 025: 3814 Copley Road 
Lot 026: 3816 Copley Road 
Lot 027-028: 3818 Copley Road 
Lot 029: 3820 Copley Road 
Block 3 123 A/ Lot 001: 3600 Sequoia Avenue 
Lot 002: 3602 Sequoia Avenue 
Lot 003: 3604 Sequoia Avenue 
Lot 004: 3606 Sequoia Avenue 
Lot 005: 3608 Sequoia Avenue 
Lot 006: 3801 Copley Road 
Lot 007: 3603 Copley Road 
Lot 008: 3603-1/2 Copley Road 
Lot 009: 3605 Copley Road 
Lot 010: 3607 Copley Road 
Lot 011: 3809 Copley Road 
Lot 012: 3811 Copley Road 
Lot 013: 3813 Copley Road 
Lot 014: 3815 Copley Road 
Lot 015: 3817 Copley Road 
Lot 016: 3819 Copley Road 
Lot 017: 3821 Copley Road 
Lot 018: 3823 Copley Road 



333 



Ord. 98-33 1 1 997- 1 998 Session 



Lot 019: 3825 Copley Road 
Lot 021: 3800 Grantlev Road 
Lot 022: 3802 Grantlev Road 
Lot 023: 3804 Grantlev Road 
Lot 024: 3806 Grantlev Road 
Lot 025: 3808 Grantlev Road 
Lot 026: 3810 Grantlev Road 
Lot 027: 3812 Grantlev Road 
Lot 028: 3814 Grantlev Road 
Lot 029: 38 1 6 Grantlev Road 
Lot 030: 38 1 8 Grantlev Road 
Lot 03 1 : 3820 Grantlev Road 

Block 3123B/ Lot 001: 3506 Sequoia Avenue 
Lot 002: 3508 Sequoia Avenue 
Lot 003 : 3510 Sequoia Avenue 
Lot 004: 3801 Grantlev Road 
Lot 005: 3803 Grantlev Road 
Lot 006: 3805 Grantlev Road 
Lot 007: 3807 Grantlev Road 
Lot 008: 3809 Grantlev Road 
Lot 009: 3811 Grantlev Road 
Lot 01 0: 3813 Grantlev Road 
Lot 01 1 : 3815 Grantlev Road 
Lot 012: 3817 Grantlev Road 
Lot 013: 3819 Grantlev Road 
Lot 014: 3800 Cedardale Road 
Lot 015: 3802 Cedardale Road 
Lot 016: 3804 Cedardale Road 
Lot 017: 3806 Cedardale Road 
Lot 018: 3808 Cedardale Road 
Lot 019: 3810 Cedardale Road 
Lot 020: 3812 Cedardale Road 
Lot 021-022: 3814 Cedardale Road 

Block 3123C/ Lot 001: 3500 Sequoia Avenue 
Lot 002: 3502 Sequoia Avenue 
Lot 003: 3504 Sequoia Avenue 
Lot 004: 3801 Cedardale Road 
Lot 005: 3803 Cedardale Road 
Lot 006: 3805 Cedardale Road 
Lot 007: 3807 Cedardale Road 
Lot 008: 3809 Cedardale Road 
Lot 009: 381 1 Cedardale Road 
Lot 010: 3813 Cedardale Road 



334 



1997-1998 Session 



Ord. 98-33 



Lot Oil 



Lot 012 



Lot 013 



Lot 014 



3800 Edgewood Road 



3802 Edgewood Road 



3804 Edgewood Road 



3806 Edgewood Road 



Lot 015-016: 3808 Edgewood Road 
Block 3123D/ Lot 013: 3324 Sequoia Avenue 
Lot 014: 3801 Edgewood Road 
Lot 015: 3803 Edgewood Road 
Lot 016-017: 3805 Edgewood Road 



Properties to be rezoned from the R-4 District to the R-3 District, 
indicated in pink: 

Block 3109/ Lot 001-002: 3106-3108 Liberty Heights Avenue 

Block 31 10/ Lot 001: 3100 Liberty Heights Avenue 
Lot 002: 3102 Liberty Heights Avenue 
Lot 003: 3104 Liberty Heights Avenue 

Block 3111 Lot 00 1 : 3050 Liberty Heights Avenue 

Block 3123/ Lot 015: 3825 Callaway Avenue 
Lot 016: 3827 Callaway Avenue 
Lot 017: 3829 Callaway Avenue 
Lot 030: 3822 Copley Road (northwest corner of 

intersection of Copley Road and alley) 
Lot 03 1 : 3601 Belle Avenue 
Lot 032: 3603 Belle Avenue 
Lot 032A: 3605 Belle Avenue 
Lot 033: 3607 Belle Avenue 
Lot 034: 3609 Belle Avenue 
Lot 035-036: 3611 Belle Avenue 

Block 3 123 A/ Lot 020: triangular-shaped lot at northeast corner of 
intersection of Copley Road at alley (behind 
3425 and portion of 3423 Dolfield 
Avenue) 
Lot 032: 3427 Dolfield Avenue 
Lot 033: 3425 Dolfield Avenue 
Lot 034: 3423 Dolfield Avenue 
Lot 035: 3421 Dolfield Avenue 
Lot 036: 3419 Dolfield Avenue 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 



335 



ORD. 98-332 1997-1998 SESSION 



Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-332 
Council Bill 97-480 

An Ordinance Concerning 

Urban Renewal — Park Heights — 
Amendment 9 

For the purpose of amending Exhibit 4 of the Urban Renewal Plan for the 
Park Heights Urban Renewal Area to change the zoning for the 
properties known as 4801 and 4804 Poe Avenue, as outlined on the 
accompanying plat, from the R-3 Zoning district to the R-6 Zoning 
district; waiving certain content and procedural requirements; making 
the provisions of this Ordinance severable; providing for the application 
of this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume) 



336 



1 997- 1 998 Session Ord. 98-332 



Recitals 

The Urban Renewal Plan for Park Heights was originally approved by 
the Mayor and City Council of Baltimore by Ordinance 73-304 and last 
amended by Ordinance 95-673. 

An amendment to Exhibit 4, "Zoning Districts", of the Urban Renewal 
Plan for Park Heights is necessary to change the zoning for the properties 
known as 4801 and 4804 Poe Avenue from R-3 to R-6 to allow for the 
construction of a maximum of 33 townhouses on these properties. 
Furthermore, the zoning change will remove an existing blighting influence 
in the urban renewal area and facilitate the stabilization of moderate-income 
ownership. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Park Heights are approved: 

In Exhibit 4, entitled "Zoning Districts", the zoning for the 
properties known as 4801 and 4804 Poe Avenue is changed from the R-3 
Zoning district to the R-6 Zoning district. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Park Heights, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Park Heights, revised to include Amendment 9, dated 
June 2, 1997", is approved. The Clerk of the City Council shall file a copy 
of the amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record, available for public inspection and 
information. 

Section 3. And be it further ordained, That if the amended Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 



337 



Ord. 98-333 1 997- 1 998 Session 



Section 4. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 5. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-333 
Council Bill 98-663 

An Ordinance Concerning 

Urban Renewal — Market Center — 
Amendment 11 

For the purpose of amending the Urban Renewal Plan for Market Center to 
amend provisions for land uses in the Residential, Mixed, and 
Commercial Districts, delete development area controls for certain 
development areas, delete provisions for the Asian Cultural Center, 
authorize the acquisition by purchase or by condemnation of certain 
properties for urban renewal purposes, create new disposition lots, 
provide standards and controls for the new disposition lots, correct 
certain references, and revise certain exhibits attached to the Plan to 
reflect the changes in the Plan; waiving certain content and procedural 



338 



1997-1998 Session Ord. 98-333 



requirements; making the provisions of this Ordinance severable; 
providing for the application of this Ordinance in conjunction with 
certain other ordinances; and providing for a special effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Market Center was originally approved by 
the Mayor and City Council of Baltimore by Ordinance 77-579, approved 
November 16, 1977, and was last amended by Ordinance 95-518, approved 
March 29, 1995. 

An amendment to the Urban Renewal Plan for Market Center is 
necessary to amend provisions for land uses in the Residential, Mixed, and 
Commercial Districts, delete development area controls for certain 
development areas, delete provisions for the Asian Cultural Center, 
authorize the acquisition by purchase or condemnation of certain properties 
for urban renewal purposes, create new disposition lots, provide standards 
and controls for the new disposition lots, correct certain references, and 
revise certain exhibits attached to the Plan to reflect the changes in the Plan. 

Under Article 13, Section 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Market Center has 
been approved by the Director of the Department of Planning for conformity 
to the Master Plan, for the detailed location of any public improvements 
proposed in the amended Urban Renewal Plan, and for conformity to 
existing and proposed zoning classifications. The proposed amendment 
also has been approved and recommended to the Mayor and City Council of 
Baltimore by the Commissioner of the Department of Housing and 
Community Development. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Market Center are approved: 



339 



Ord. 98-333 1997-1998 Session 



(1) On page 3 of the Plan, in C. Land Use Plan , 1 . Permitted Uses , 

amend subsections (a), (b), and (c) to read as follows: 

(a) Residential 

Uses permitted shall be those as established in the O-R-3, B-4 
and B-5 Zoning District categories of the Zoning Ordinance of 
Baltimore City, with the above exceptions. Exhibit 3 indicates 
the location of the applicable zoning districts. Generally, 
vacant parcels are recommended for residential use in the Land 
Use Plan, Exhibit 1 . Some exceptions to this recommendation 
are that in [the Asian Cultural Area, the Land Use Plan 
encourages a mix of residential and commercial on vacant land 
and in] Disposition Lots A and H, the Land Use Plan 
recommends mixed use which may include residential. 

(b) Mixed 

A mixed use is said to occur when two or more uses occupy the 
same parcel. Such uses will be limited to those permitted uses, 
with the above exceptions, which comply with regulations for 
the zoning district in which they are established. As used in the 
context of this Plan, mixed use means [generally residential 
mixed with office and/or commercial] ANY COMBINATION OF 
RESIDENTIAL, COMMERCIAL, OR OFFICE USE. 

(c) Commercial 

Uses shall be permitted as in the B-4 Central Business District 
and the B-5 Central Commercial District as defined in the 
Zoning Ordinance of Baltimore City, with the above 
exceptions. Generally, commercially designated areas on the 
Land Use Plan [do not include proposed residential 
development] favor retail and related uses, but do not 

PRECLUDE RESIDENTIAL DEVELOPMENT. 

(2) On page 9 of the Plan, in the chart of Standards and Controls for 

Disposition Lots, after the entry for Disposition Lot CC, add entries 
for additional Disposition Lots as follows: 



340 



1997-1998 Session 



Ord. 98-333 



Disposition Land Use Zoning 

Lot 
EE Commercial B-4-2 



Standards and 
Controls 



The existing 
structures shall be 
rehabilitated, where 
feasible, for 
commercial use. 



FF 



Mixed 



B-4- 1 Existing structures, 

WHERE FEASIBLE, SHALL 
BE REHABILITATED FOR 
MIXED USE. 



GG Mixed 



HH 



Mixed 



B-4- 1 Rehabilitation of 

EXISTING BUILDINGS, 
WHERE FEASIBLE, FOR 
MIXED USE. 

B-4- 1 Rehabilitation of 

buildings fronting 
Madison Avenue, 
where feasible, for 
mixed use. 



n 



JJ 



Mixed 



Mixed 



B-4- 1 Rehabilitation of 

existing structure 
(former Congress 
Hotel) for mixed use. 

B-4-2 Redevelopment for 

mixed use or off- 
street PARKING. 



KK 



Commercial B-4-2 



Buildings shall be 
rehabilitated, where 
feasible, for mixed use. 



LL 



Commercial B-4-2 



Rehabilitation of 
buildings, where 
feasible, for 
commercial use. 



341 



ORD. 98-333 



1997-1998 Session 



MM 



Commercial B-4-2 



Rehabilitation of 
buildings, where 
feasible, for 
commercial use. 



Mixed 



B-4-2 Redevelopment for 

MIXED USE. 



Tl 



Commercial B-4-2 



Acquisition and 
closure of public 
right-of-way to 
combine with 
adjacent 

disposition lot for 
commercial use. 



T2 



Mixed 



B-4-2 Rehabilitate 

existing 

structures, where 
feasible, for mixed 

USE. 



(3) On page 10 of the Plan, in F. Provisions Applicable to Land Not to 

be Acquired , 2. Development Areas , in the "Proposed 
Development" column for Development Area Lot # 1 , strike "High 
rise multi-family on vacant property". 

(4) On pages 1 1 and 12 of the Plan, in F. Provisions Applicable to Land 

Not to be Acquired , 2. Development Areas , strike all entries for the 
following Development Area Lots: 

la, 2b, 2e, 3b, 7a, 7b, 8a, 8b, 1 lb, 12a 

(5) On page 12 of the Plan, in F. Provisions Applicable to Land Not to 

be Acquired , 2. Development Areas , in the "Proposed 
Development" column for Development Area Lot # 12b, strike 
"and/or mid-rise business redevelopment to the rear". 

(6) On page 1 1 of Appendix A PROPERTY REHABILITATION 

STANDARDS , in I. PROVISIONS , B. SPECIAL , amend the 
second introductory paragraph to read as follows: 



342 



1997-1998 Session Ord. 98-333 



Such special areas are identified as requiring Special Provisions 
over and above the General Provisions or variations to the General 
Provisions, and the work necessary to meet both requirements for 
existing buildings shall be completed within two (2) years of the 
enactment of Ordinance No. 124, approved July 1 1, 1980 and as 
provided for under the Compliance Section herein [, except that the 
Asian Cultural Center vicinity shall be completed within one year 
of start of any major development in the immediate area or within 
two (2) years of the enactment of the Ordinance approving 
Amendment No. 2 to the Urban Renewal Plan, whichever comes 
first]. In all respects, the General Provisions shall apply. 

(7) On page 12 of Appendix A, PROPERTY REHABILITATION 

STANDARDS , in I. PROVISIONS , B. SPECIAL , in the 
introductory paragraphs, strike item 3. in its entirety and renumber 
item 4. to be item 3. 

(8) On page 1 3 of Appendix A, PROPERTY REHABILITATION 

STANDARDS , in I. PROVISIONS , B. SPECIAL , strike subsection 
3. ASIAN CULTURAL CENTER VICINITY in its entirety and 
renumber subsection 4. to be subsection 3. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Market Center, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Market Center, revised to include Amendment 1 1 , 
dated March 9, 1998", is approved. The Clerk of the City Council shall file 
a copy of the amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record, available for public 
inspection and information. 

Section 3. And be it further ordained, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal purposes, the 
fee simple interest or any lesser interest in and to the following properties or 
portions thereof, together with all right, title, interest and estate that the 
owner or owners of said property interests may have in all streets, alleys, 
ways or lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

715 N. Eutaw Street 
717-25 N. Eutaw Street 
727 N. Eutaw Street 
729-31 N. Eutaw Street 



343 



Ord. 98-333 1 997- 1 998 Session 



201 W. Franklin Street 
217-21 W.Franklin Street 
221 1/2-23 W. Franklin Street 
225-25 1/2 W. Franklin Street 
305-07 W. Franklin Street 
306-12 W. Franklin Street 
309-11 W.Franklin Street 
313 W.Franklin Street 
315 W.Franklin Street 
317 W.Franklin Street 

319 W. Franklin Street (Portion only) 

300-02 N. Howard Street 
301-03 N. Howard Street 
304 N. Howard Street 
305-07 N. Howard Street 
306-10 N.Howard Street 
309-11 N. Howard Street 
312-18 N.Howard Street 
313 N.Howard Street 
315 N.Howard Street 
317-19 N. Howard Street 

320 N. Howard Street 

321 N. Howard Street 
322-24 N. Howard Street 
323 N. Howard Street 

325 N. Howard Street 

326 N. Howard Street 

327 N. Howard Street 

328 N. Howard Street 
329-31 N. Howard Street 
330-36 N. Howard Street 
401-05 N.Howard Street 
404 N. Howard Street 

406 N. Howard Street 

407 N. Howard Street 
409 N. Howard Street 
411 N. Howard Street 
413 N.Howard Street 
415 N.Howard Street 
417 N.Howard Street 
419-21 N. Howard Street 
423 N. Howard Street 



344 



1997-1998 Session Ord. 98-333 



425 N. Howard Street 
600 N. Howard Street 
602-10 N.Howard Street 
612 N. Howard Street 
612 1/2-14 N. Howard Street 
700 N. Howard Street 
702 N. Howard Street 
704 N. Howard Street 
706 N. Howard Street 
708 N. Howard Street 
710 N.Howard Street 
712-20 N.Howard Street 
722 N. Howard Street 
724-26 N. Howard Street 
728 N. Howard Street 
730 N. Howard Street 

700-08 Linden Avenue 
7 1 Linden Avenue 
712 Linden Avenue 
714 Linden Avenue 
7 1 6 Linden Avenue 
718 Linden Avenue 
720 Linden Avenue 
722 Linden Avenue 
724 Linden Avneue 
726 Linden Avenue 
728-30 Linden Avenue 

304 W. Monument Street 

209 W. Mulberry Street 

213 W. Mulberry Street 

214 W. Mulberry Street 
219-21 W. Mulberry Street 
223 W. Mulberry Street 
225 W. Mulberry Street 
227 W. Mulberry Street 

302 Park Avenue 
304-06 Park Avenue 
308 Park Avenue 
310 Park Avenue 



345 



Ord. 98-333 1 997- 1 998 Session 



3 1 2 Park Avenue 
3 1 4 Park Avenue 
316 Park Avenue 
3 1 8 Park Avenue 
320 Park Avenue 
322 Park Avenue 
324 Park Avenue 
328 Park Avenue 
330 Park Avenue 
332 Park Avenue 
406 Park Avenue 
410 Park Avenue 

210 W. Pleasant Street 

314 Tyson Street 
409-19 Tyson Street 

NS W Franklin St 
144-8ftEofNEutawSt 

2-3" right-of-way east of 304 W. Monument Street 

Right-of-way just east of 306-12 W. Franklin Street 

All interior rights-of-way in block bounded by Park Avenue, W. 
Mulberry, Tyson, and W. Franklin Streets 

All interior rights-of-way in block bounded by Park Avenue, W. 
Saratoga, Tyson, and W. Mulberry Streets 

300 block Tyson Street right-of-way 

section 4. And be it further ordained, That the land use changes 
indicated for certain rights-of-way and shown in the amended Urban 
Renewal Plan on Exhibit 1, Land Use Plan, dated March 9, 1998, are 
approved. 

Section 5. And be it further ordained, That the revisions shown 
in the amended Urban Renewal Plan on Exhibit 2, Property Acquisition- 
Land Disposition-Development Areas, dated as revised March 9, 1 998, are 
approved. 



346 



1 997- 1 998 Session Ord. 98-334 



Section 6. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 7. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 8. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 9. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-334 
Council Bill 98-665 

An Ordinance Concerning 

Urban Renewal — West Coldspring Transit Station — 
Amendment 1 

FOR the purpose of amending the Urban Renewal Plan for West Coldspring 
Transit Station to amend provisions for land uses in the Community 



347 



ORD. 98-334 1 997- 1 998 SESSION 



Business District, add a Community Commercial District with 
provisions for permitted and conditional land uses, delete the proposed 
Office-Residential District from the plan, provide exterior- design 
standards and controls, provide a penalty for non-compliance, replace 
exhibits to reflect changes in the plan, and conform certain references in 
the plan; waiving certain content and procedural requirements; making 
the provisions of this Ordinance severable; providing for the application 
of this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for West Coldspring Transit Station was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance 81-301. 

An amendment to the Urban Renewal Plan for West Coldspring Transit 
Station is necessary to amend provisions for land uses in the Community 
Business District, add a Community Commercial District with provisions 
for permitted and conditional land uses, delete the proposed Office- 
Residential District from the plan, provide exterior design standards and 
controls, replace exhibits to reflect changes in the plan, and conform 
certain references in the plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
West Coldspring Transit Station are approved: 

(1 ) On page 3 of the Plan, in B., LAND USE PLAN , 1 . Permitted Land 
Uses , amend the introductory paragraph to read as follows: 



348 



1 997- 1 998 Session Ord. 98-334 



Only the use categories shown on the Land Use Plan Map, Exhibit 
No. 1 , shall be permitted within the project area. These are 
Residential, Community Business, and [Office-Residential] 
COMMUNITY COMMERCIAL. In addition, certain uses, for the most 
part mixed uses, will be permitted to continue subject to the 
provisions governing non-conforming and non-complying uses set 
forth in Sections B.l.d. and B.l.e. below. 

(2) On page 3 of the Plan, in B., LAND USE PLAN , 1 . Permitted Land 
Uses , strike the paragraph under b., Community Business , in its 
entirety and substitute the following: 

b. Community Business 

(1) General requirements 

Uses in the B-2 Community Business District are 

SUBJECT TO THE FOLLOWING: BUSINESS, SERVICING OR 
PROCESSING USES SHALL BE LOCATED WITHIN AN ENCLOSED 
STRUCTURE, INCLUDING THE DISPLAY OF MERCHANDISE FOR 
SALE TO THE PUBLIC. 

(2) PERMITTED USES 

In the area designated on the Land Use Plan Map as 
a B-2 Community Business District, the following 
uses are permitted: 

(a) the following uses permitted in a b-l district by 
the Zoning Ordinance of Baltimore City are 
permitted in the area designated on the land use 
Map as a B-2 Community Business District: 

1 . Art and school supply stores 

2. Art needlework shops 

3. Athletic fields 

4. Automatic banking terminals 

5. Banks and building and loan associations 



349 



Ord. 98-334 1997-1998 Session 

6. Barber shops 

7. Beauty shops 



8. Book and magazine stores and similar 
establishments (Class A) 

9. Candy and ice cream stores 

10. Clothes pressing establishments 

1 1 . Day nurseries, group day care centers, and 
nursery schools 

12. drug stores and pharmacies 

13. Dry cleaning and laundry receiving stations 
— processing done elsewhere 

14. Dwellings 

15. Electrical and household appliance repair 

STORES 

16. Family day care homes 

17. Florist shops 

1 8. Food stores, grocery stores, meat markets, 
bakeries, and delicatessens 

19. Gift and card shops 

20. Hardware stores 

2 1 . Launderettes — not more than 2 employees 
on the premises in addition to 1 owner or 

MANAGER 

22. Laundries, hand — not more than 2 
employees on the premises in addition to 1 
owner or manager 



350 



1 997- 1 998 Session Ord. 98-334 

23. Libraries and art galleries 

24. Multi-purpose neighborhood centers 

25. Newsstands 

26. Offices — business, governmental, and 
professional — but not including sales and 
bulk storage of merchandise on the premises. 

27. Parks and playgrounds 

28. Radio and television sales and service 

29. Recreation buildings and community centers 

30. Schools, elementary and secondary 

31. Shoe and hat repair STORES 

32. Shoeshine parlors 

33. Storage of building materials and equipment 
and temporary structures for on-site 
construction purposes — for a period not to 
exceed the duration of active construction 

34. Tailor or dressmaking shops, for custom 
work or repairs 

35. Telephone exchanges 

36. Temporary real estate sales offices, for the 
purpose of conducting the sale of lots or 
improvements in the development in which 
such office is located — for a period not to 
exceed the duration of active construction 
and for 1 year thereafter 

37. Tobacco shops 

38. travel bureaus when limited to not more 
than 2 employees 



351 



ORD. 98-334 1 997- 1 998 SESSION 

39. Variety stores 

40. Wearing apparel shops 



4 1 . Accessory or non- accessory radio and 
television antennas, but not including 
microwave antennas (satellite dishes), and 
towers when less than 25 feet above the 
building on which they are mounted. 

42. Accessory microwave antennas (satellite 
dishes), as follows: 

(a) Accessory mounted microwave antennas 
(satellite dishes) when 4 feet or less in 
diameter if constructed of solid 
material and projecting 6 feet or less 
from the building on which they are 
mounted or 6 feet or less in diameter if 
constructed of expanded aluminum mesh 
or wire screen and projecting 8 feet or 
less from the building on which they are 
mounted; and provided that the dish is 
attached to the rear half of the roof of 
the principal building at least 5 feet 
beyond the center line of the roof. 

(b) Accessory free-standing microwave 
antennas (satellite dishes) mounted on a 
single stanchion when 6 feet or less in 
diameter and less than 10 feet in height 
and constructed of expanded aluminum 
mesh or wire screen. 

(c) Accessory microwave antennas 

(SATELLITE DISHES) NOT EXCEEDING 1 2 FEET IN 
DIAMETER AND LOCATED ON THE PREMISES OF 
THE FOLLOWING NON-PROFIT OR PUBLICLY 
OWNED INSTITUTIONS: ELEMENTARY SCHOOLS, 
JUNIOR AND SENIOR HIGH SCHOOLS, JUNIOR 
COLLEGES, COLLEGES, UNIVERSITIES, 
LIBRARIES, ART GALLERIES, MUSEUMS, 
AQUARIUMS, PLANETARIUMS, CHURCHES, 



352 



1 997- 1 998 Session Ord. 98-334 



temples, synagogues, convents, 
seminaries, monasteries, and medical 
facilities; or when located on the 
premises of a hotel, motel, vfw post, 
American Legion Post, housing for the 
elderly or nursing home; provided that 
the institution or use is located on a lot 
of not less than 7,500 square feet; and 
located on the premises of a tavern 
regardless of lot size. 

(b) the following uses permitted in a b-2 district by 
the Zoning Ordinance of Baltimore City are 
permitted in the area designated on the land use 
Map as a B-2 Community Business District: 

43. Antique shops 

44. Apartment hotels 

45. Auction rooms 

46. Automotive accessory stores — with no 
repair or installation services 

47. Bicycle sales, rental, and repair stores 

48. Blueprinting and photostating 
establishments 

49. Bowling establishments 

50. Bus AND transit turn-arounds and passenger 
shelters 

5 1 . Business and office machine sales, rental, 
and service 

52. Camera and photographic supply stores 

53. Carpet and rug stores 

54. Carry-out food shops 



353 



Ord. 98-334 1997-1998 Session 



55. Catering establishments, food 

56. China and glassware stores 

57. Clothing and costume rental stores 

58. Coin and philatelic stores 

59. Communications systems — sales and 
services 

60. Data processing service 

61 . Day nurseries, group day care centers, and 
nursery schools 

62. Department stores 

63. Display rooms for mail order sales 

64. Dry cleaning establishments — not more 
than 4 employees on the premises in addition 
to 1 owner or manager 

65. Electrical and household appliance stores 

66. Employment agencies 

67. Exhibit rooms 

68. Exterminators' shops 

69. Fabric shops 

70. Financial institutions 

7 1 . Furniture stores — including upholstering, 
when conducted as an accessory use 

72. Furrier shops — including the accessory 
storage and conditioning of furs 

73. Garden supply, tool, and seed stores 

354 



1997-1998 Session Ord. 98-334 



74. Hobby shops 

75. Interior decorating shops — including 
upholstering and making of draperies, slip 
covers, and other similar articles, when 
conducted as an accessory use 

76. Jewelry stores — including watch repair 

77. Junior colleges, colleges, business colleges, 
and universities 

78. Laboratories — medical and dental 

79. Launderettes — not more than 4 employees 
on the premises in addition to 1 owner or 
manager 

80. Laundries — not more than 4 employees on 
the premises in addition to 1 owner or 

MANAGER 

81. leather goods and luggage stores 

82. Locksmith shops 

83. medical and dental clinics 

84. Millinery shops 

85. Museums, aquariums, and planet ariums 

86. Musical instrument sales and repair 

87. Newspaper distribution agencies — for home 
delivery and retail trade 

88. Novelty shops 

89. Offices — business, governmental, and 
professional 

90. Office supply stores 

355 



Ord. 98-334 1 997- 1 998 SESSION 



9 1 . Off-street parking garages, other than 
accessory, for the parking of 4 or more 
motor vehicles 

92. Optician sales 

93. Orthopedic and medical appliance stores 

94. Paint, wallpaper, tile, and floor covering 

STORES 

95. Phonograph record and sheet music stores 

96. Photocopying service 

97. Photographers 

98. Picture framing shops — when conducted for 
retail trade on the premises 

99. Post offices 

1 00. Printing establishments — not more than 
10 employees on the premises in addition 
TO 1 OWNER or manager 

101. Radio and television stations and studios 

1 02. Recording studios 

103. Restaurants and lunch rooms — but not 
including live entertainment or dancing 

1 04. Second-hand stores and rummage shops 

1 05 . Secretarial and telephone answering 
services 

1 06. Security sales, brokerages, and 
exchanges 

1 07. Sewing machine sales and service — 
household appliances only 



356 



1 997- 1 998 Session Ord. 98-334 

108. Skating rinks 

1 09. Sporting and athletic goods stores 

1 1 0. Stationery stores 

111. Swimming pools 

1 1 2. Taxidermist shops 

113. Telegraph offices 

1 14. Tennis and lacrosse clubs 

115. Ticket agencies 

116. Toy stores 

117. Trading stamps redemption centers 

118. Travel bureaus 

119. Undertaking establishments and funeral 
parlors 

1 20. Venetian blind and window shade sales 
and service 

121. Watch and clock shops 

122. Wig shops 

(3) Conditional Uses. 

In the area designated on the Land Use Plan Map as 
a B-2 Community Business District the following 
conditional uses are allowed only if approved by 
the Board of Municipal Zoning Appeals under §11.0- 
3c of the Zoning Ordinance of Baltimore City: 

(a) The following conditional uses allowed in a B-l 
District by the Zoning Ordinance of Baltimore 
City are allowed in the area designated on the 



357 



Ord. 98-334 1 997- 1 998 SESSION 



Land Use Map as a B-2 Community Business 
District: 

1 . Accessory or non-accessory radio and 
television antennas, but not including 
microwave antennas (satellite dishes), and 
towers when free-standing or when they 
extend higher than 25 feet above the 
building on which they are mounted. 

2 . Accessory microwave antennas (satellite 
dishes), as follows: 

(a) Mounted satellite dish constructed of 
solid material over 4 feet in diameter, or 
a dish constructed of solid material 
projecting more than 6 feet from the 
building. 

(b) Mounted satellite dish constructed of 
expanded aluminum mesh or wire screen 
over 6 feet in diameter, or a dish 
constructed of expanded aluminum mesh 
or wire screen projecting more than 8 
feet from the building. 

(c) Mounted satellite dish on the front half 
of the roof of the principal building, or 
on the rear half of the roof less than 5 
feet beyond the center line. 

(d) Free-standing satellite dish more than 6 
feet in diameter, or more than 10 feet in 
height, or not constructed of expanded 
aluminum mesh or wire screen. 

3. Private clubs and lodges, non-profit 

4. Governmental services, as follows: 

(a) Fire and police stations 

(b) Post offices 



358 



1 997- 1 998 Session Ord. 98-334 



(c) Sewerage pumping stations 

(d) Water filtration plants, reservoirs, and 
pumping stations 

5 . Musical instrument sale and repair 

6. Optician sales 

7 . Orthopedic and medical appliance stores 
when limited to not more than 4 employees 
operating from the location 

8. Public utility uses, as follows: 

(a) Antenna towers and microwave relay 
towers and installations for 

COMMUNICATIONS TRANSMISSION OR 
RECEIVING 

(B) BUS AND TRANSIT TURN-AROUNDS AND 
PASSENGER SHELTERS 

(c) Railroad rights-of-way and passenger 
stations — but not including railroad 
yards and shops 

(d) Repeater, transformer, pumping, booster, 
switching, conditioning, regulating 

STATIONS, AND OTHER SIMILAR INSTALLATIONS 

9. Video movie stores, sales and rentals 

1 0. Accessory uses incidental to and on the 
same lot as the above conditional uses 

(b) the following conditional uses allowed in a b-2 
District by the Zoning Ordinance of Baltimore 
City are allowed in the area designated on the 
Land Use Map as a B-2 Community Business 
District. 



359 



Ord. 98-334 1997-1998 Session 



1 1 . Artisans' and craft work with no more than 
2 employees 

12. bingo halls, charitable 

13. bus and transit passenger stations and 
terminals 

1 4. Prepared food delivery services — including 
those operated as an accessory use by a 
restaurant 

15. Public utility service centers 

16. Schools, commercial 

17. Schools, trade other than industrial 

1 8. Schools and studios — music, dance, and 
business 

19. Upholstering shops 

(3) On page 3 of the Plan, in B., LAND USE PLAN , 1 . Permitted Land 
Uses , strike paragraph c., Office Residential , in its entirety and 
substitute the following: 

c. Community Commercial 

(1) General requirements 

Uses in the B-3 Community Commercial District are 
subject to the following: business, servicing or 
processing uses shall be located within an enclosed 
structure, including the display of merchandise for 
sale to the public. 

(2) Permitted uses 

In the area designated on the Land Use Plan Map as 
a B-3 Community Commercial District, permitted 



360 



1 997- 1 998 Session Ord. 98-334 

USES ARE AS IN THE B-2 DISTRICT, AS SET OUT IN SECTION 

B.l .b.(2) of this Plan. In addition, the following uses 
are permitted: 

1 . Ambulance service 

2. Artisans' and craft work 

3 . Awnings, storm windows, and doors — sales 
and service 

4. Bakeries — including the sale of bakery 
products to restaurants, hotels, clubs, and 
other similar establishments 

5 . Battery and tire sales and service 

6. Bookbinding 

7. Carpet and rug cleaning establishments 

8. Cartage and express facilities 

9. Computer centers 

10. Dry cleaning establishments 

11. fire and police stations 

12. Greenhouses 

13. Hospitals 

14. Industrial supplies — sales 

1 5 . Laboratories — research and testing 

16. Launderettes 

17. Laundries 

1 8. Linen, towel, diaper, and other similar 

SUPPLY ESTABLISHMENTS 



361 



Ord. 98-334 1 997- 1 998 Session 



19. Mail order houses 

20. Motor vehicle rental establishments 

2 1 . Open off-street parking areas, other than 
accessory, for the parking of 4 or more 
motor vehicles 

22. Parcel collection and delivery stations 

23. Photographic printing and developing 
establishments 

24. Plumbing, heating, and electrical equipment 
showrooms and shops 

25. Printing and publishing 

26. Public utility service centers 

27. Schools, commercial 

28. Schools, trade 

29. Schools and studios - music, dance, and 
business 

30. Sign painting shops 

3 1 . Store fixture sales establishments 

32. Upholstering shops 

33. Woodworking, custom; and custom 
furniture-making shops 

34. Accessory or non- accessory microwave 
antennas (satellite dishes) 



(3) Conditional uses 



In the area designated on the Land Use Plan Map 
as a B-3 Community Commercial District, 



362 



1 997- 1 998 Session Ord. 98-334 



CONDITIONAL USES ARE AS FOR THE B-2 DISTRICT, AS 

set out in Section B. 1 .b.(3) of this Plan, except 

FOR THE FOLLOWING USES, WHICH ARE PERMITTED: 
FIRE AND POLICE STATIONS; PUBLIC UTILITY SERVICE 
CENTERS; SCHOOLS, COMMERCIAL; SCHOOLS, TRADE 
OTHER THAN INDUSTRIAL; SCHOOLS AND STUDIOS — 
MUSIC, DANCE AND BUSINESS; AND UPHOLSTERING 
SHOPS. 

(4) On page 6 of the Plan, in B., LAND USE PLAN , 2. Regulations, 
Controls and Restrictions , after sub-paragraph b. (2), add new 
paragraph c. as follows: 

c. Exterior Design Standards and Controls 

Within the Dolfield Business District (areas designated 
on the Land Use Plan Map as Community Business and 
Community Commercial), the following exterior design 
standards and controls apply to all non-residential 
properties, in addition to other applicable codes and 
ordinances of the City of Baltimore. The owners of 
these properties will be required to undertake the 
exterior improvement of those properties that are 
capable of being brought up to the exterior design 
standards and controls, whether occupied or not. 

( 1 ) Building Fronts and Sides Visible From Public 
Streets 

(a) All defective structural and decorative 
elements of building fronts and sides abutting 
streets must be repaired or replaced in a 
workmanlike manner to match as closely as 
possible the original materials and 
construction of that building. 

(b) a storefront as part of the building includes: 

( 1 ) windows, porches or coverings, and the 
entrance area leading to the door, 

(2) THE DOOR, SIDE-LIGHTS, TRANSOMS, DISPLAY 

PLATFORMS AND OTHER DEVICES, AND SIGNING 



363 



Ord. 98-334 1 997- 1 998 SESSION 



DESIGNED TO BE VIEWED FROM THE PUBLIC RIGHT- 
OF-WAY OR VISIBLE TO THE PUBLIC PRIOR TO 
ENTERING THE INTERIOR PORTION OF THE 
STRUCTURE. 

(c) Show windows, entrances, signs, lighting, sun 
protection, porches, security grilles, etc., shall 
be compatible, harmonious and consistent with 
the original scale and character of the 
structure. all show window elements must be 
located within 1 3 feet of grade. 

(d) Enclosures and housing for security grilles and 
screens shall be as inconspicuous as possible and 
compatible with other elements of the facade, 
(no new solid, roll- down grilles are permitted.) 
Current solid roll-down grilles must be 
repaired or removed. 

(e) All exposed portions of the grille, screen or 
enclosure which are normally painted and all 
portions which require painting to preserve, 
protect, or renovate the surface shall be 

PAINTED. 

(f) all exterior screen and grilles must be 
constructed so they can be opened or removed. 
Screens and grilles shall be opened or removed 
during the normal business hours of that 
business. 

(g) Show windows with aluminum trim, mullions or 
muntins shall be consistent and compatible with 
the overall facade design, and must be painted 
with a paint suitable for metal surfaces to 
simulate a bronze anodized finish. 

(h) Solid and permanently enclosed or covered 
store fronts shall not be permitted, unless 
treated as an integral part of the building 
facade using wall materials and window 
detailing compatible with the upper floors, or 
other building surfaces; all damaged, sagging 



364 



1 997- 1 998 Session Ord. 98-334 



OR OTHERWISE DETERIORATED STOREFRONTS, SHOW 
WINDOWS OR ENTRANCES SHALL BE REPAIRED OR 
REPLACED. 

(i) Awnings 

( 1 ) Soft canvas or metal awnings are permitted 
over the first floor and on upper floors 
above window only. 

(2) Awnings must be flame proofed. 

(3) Awnings shall not project more than 7 feet 
from the building front, shall not be lower 
than 8 feet above grade, and shall otherwise 
conform with the provisions of clty law. 

(4) awnings shall terminate against the 
building at a height not to exceed 1 3 feet 
above the pavement, or one inch below the 
second floor windowsill, whichever is 

LOWER. 

(5) Awnings constructed of a rigid material are 
not allowed. 

(6) Awnings may not be used in conjunction with 
permanent canopies. 

(j) Where feasible, adjoining buildings used by the 
same occupant shall be rehabilitated and 
repaired with materials and in a manner 
consistent with the original construction 
techniques. 

(k) All exterior front or side walls which have not 
been wholly or partially resurfaced or built 
over shall be repaired and cleaned or pointed in 
an accepted manner. painted masonry walls 
shall have loose materials removed and be 
painted a single color, except for trim which 
may be another color. patched walls shall 
match the existing adjacent surfaces as to 



365 



ORD. 98-334 1 997- 1 998 SESSION 



materials, color, bond, and joining. cleaning of 
masonry walls by means of sandblasting shall 
not be permitted except where it is determined by 
the Commissioner of the Department of Housing 
and Community Development to be the only 
feasible means of surface cleaning of masonry 
and where, in the commissioner's opinion, it will 
not cause damage to historic building materials. 
Painting of a front building facade shall be of a 
color that is approved by the department of 
Housing and Community Development. 

(l) Applied facing materials shall be treated as 
follows: 

( 1 ) Aluminum siding, corrugated/ribbed metal 
and wood, if in good condition, shall be 
painted with a paint suitable for metal 
surfaces in a color that is approved by the 
Department of Housing and Community 
Development. 

(2) All other materials shall be repaired as 
necessary according to the minimum 

STANDARDS SET FORTH IN THIS PLAN. 

(3) Aluminum siding, formstone, real or 
simulated wood shakes or pebble-faced 
plywood shall not be permitted for any 
future use. 

(m) Existing miscellaneous elements on the building 
fronts, such as empty electrical or other 
conduits, unused brackets, etc., shall be 

REMOVED. 

(n) Sheet metal gutter downspouts shall be 

repaired or replaced as necessary and shall be 

NEATLY LOCATED AND SECURELY INSTALLED. GUTTERS 
AND DOWNSPOUTS SHALL BE PAINTED TO HARMONIZE 
WITH THE OTHER BUILDING FRONT COLORS. 



366 



1 997- 1 998 Session Ord. 98-334 



(2) Windows 

(a) Windows not in the front of buildings shall be 
kept properly repaired or, with flre department 
approval, may be closed with materials and 
designs that match or are compatible with the 
material, design, and finish of the adjacent 
wall. Plywood will not be allowed as an infill 
material. 

(b) All windows must be tight-fitting and have 
sashes of proper size and design. sashes with 
rotten wood, broken joints, or loose mullions or 
muntins shall be replaced with glass, plexiglas 
or lexan. all exposed wood shall be repaired 
and painted. 

(c) Window openings in upper floors of the front of 
building shall not be filled or boarded up. 
Windows in unused areas of the upper floors 
may be backed by a solid surface on the inside of 
the glass if that backing is painted in a manner 
that is compatible with the exterior facade of 
the building. window panes shall not be painted. 

(3) Rear and Side Walls 

(a) Rear and side walls shall be repaired and 
cleaned or painted to present a neat, fresh, and 
uniform appearance. Rear walls shall be 
painted to cover evenly all miscellaneous 
patched and filled areas to present an even and 

UNIFORM SURFACE. 

(B) SIDE WALLS, WHERE VISIBLE FROM ANY OF THE 
STREETS, SHALL BE FINISHED OR PAINTED SO AS TO 
HARMONIZE WITH THE FRONT OF THE BUILDING. 

(c) Rear and side walls shall not be painted or used 

FOR ADVERTISING PURPOSES. 



367 



Ord. 98-334 1997-1998 SESSION 



(4) Roofs 



(a) Chimneys, elevators, penthouses, or any other 
auxiliary structures on the roofs shall be 
painted and cleaned as required for rear and 
side walls. any construction visible from the 
street or from other buildings shall be finished 
so as to be harmonious with other visible 
building walls. 

(b) any mechanical equipment placed on a roof 
shall be located so as to be hidden from view 
from the shopping streets, and to be 
inconspicuous as possible from other viewpoints. 
Equipment shall be screened with suitable 
elements of permanent nature or finished so as 
to harmonize with the rest of the building. 
Where such screening is unfeasible, equipment 
shall be installed in a neat, presentable manner 
so as to minimize its visibility. 

(c) Television and radio antennae shall be located 
SO AS TO BE as inconspicuous as possible. 

(d) Roofs shall be kept free of trash, debris, or any 
other element which is not a permanent part of 
the building or a functioning element of its 

MECHANICAL OR ELECTRICAL SYSTEM. 



(5) SIGNS 



The intention of the following regulations is to 
promote a harmonious appearance for the business 

AREA BY ESTABLISHING A CONTINUOUS SIGN BAND CONCEPT 

and by reducing sign clutter. 

(a) Existing flat signs may remain, provided they 
conform to this plan. 

(b) All flat signs shall be attached to and placed 
parallel to the building face, shall not project 
more than 12 inches from the surface of the 
building, and shall not exceed in area 3 times 



368 



1 997- 1 998 Session Ord. 98-334 



the width in feet of the frontage of the building. 
In the case of corner properties, each facade is 
to be calculated separately as to size allowed 
FOR EACH. Flat signs shall be placed so that the 
top edge of such signs is no higher than the 
bottom of the second story windows (where 
windows exist), or 13 feet above grade level, 
whichever is lower, or at a location in scale 
with the building facade as approved by the 
Department of Housing and Community 
Development and the Department of Public 
Works . Signs or portions of signs may not be 
placed lower than 8 feet above the sidewalk 

GRADE. 

(c) The primary sign for a shop may be painted on or 
applied directly to the show window. the 
lettering applied to ground floor show windows 
or entrance doors shall not exceed 2 vl inches in 
height, and 6 square feet in size, except where 
authorized by the department of housing and 
Community Development. 

(d) Signs must be of a permanent nature and be 
professionally lettered on a durable, weather 

RESISTANT SURFACE. ONLY ONE SUCH SIGN SHALL BE 

permitted on any face of a building. materials, 
design, and colors of all signs shall be approved 
by Department of Housing and Community 
development. 

(e) All lighting and electrical elements such as 
wires, conduits, junction boxes, transformers, 
ballast switches, and panel boxes shall be 
concealed from view as much as possible. 
Existing flat signs will be permitted to remain if 
they solely identify the name of the business 
within the building and if the product/supplier 
advertising does not exceed 1 5% of the existing 
sign size. 

(f) Marquees or canopies shall be permitted only 
with prior approval from the department of 



369 



Ord. 98-334 1 997- 1 998 SESSION 



Housing and Community Development and the 
Department of Public Works . 

(g) Painted signs on building surfaces or use of 
separate cutout letters shall be permitted in 
accordance with the above limits on flat signs. 

(h) non-illuminated secondary signs shall not 
exceed 2 square feet in area and shall not 
project more than one inch beyond the surface 
of the building, nor shall they be placed higher 
than 1 3 feet above grade level. 

(i) Painted or inlaid signs on soft canvas or metal 

AWNINGS ARE PERMITTED. 

(j) Flashing or moving signs other than barber 
poles shall not be permitted. 

(k) existing overhanging signs attached to 

buildings within the project boundaries must be 
removed. no new overhanging signs shall be 
erected in the future except for parking signs, 
which may not project more than 4 feet or be 
more than 1 2 square feet on a side, for a total of 
24 square feet. 

(l) Existing freestanding pole signs may remain, 
provided they are in good condition. new 
freestanding signs shall be no higher than 15 
feet and must be incorporated with a planting 
area at the base. the maximum allowable size is 
80 square feet (including double-faced signs). 

(m) Window signs, temporary or permanent, shall 
not exceed 33% of the total glass area of each 
storefront. 

(n) no portable or permanent signs shall be 

allowed in the footways or within 5 feet of the 
property line within the project boundaries. 



370 



1 997- 1 998 Session Ord. 98-334 



(o) Existing roof-top, wall mounted, or 

FREESTANDING ADVERTISING SIGNS OR BILLBOARDS 
MUST BE REMOVED. NO NEW ROOF-TOP, WALL 
MOUNTED, OR FREESTANDING ADVERTISING SIGNS OR 
BILLBOARDS SHALL BE PERMITTED. 

(p) All unused existing rooftop and facade- 
mounted SIGN BRACKETS AND HARDWARE SHALL BE 

removed. All remaining brackets shall be 
scraped and painted in a color to make them as 
inconspicuous as possible. 

(q) all signs must be properly maintained. scaling 
paint, missing or unlit letters, broken, faded or 
cracked signs must be repaired or replaced, or 
the entire sign must be removed. 

(r) no private signs shall be permitted except as 
herein provided or as otherwise authorized by 
the department of housing and community 
Development and the Department of Public 
Works for temporary purposes not exceeding 30 

DAYS. 

(s) Each store is required to display a postal 

address number on the storefront. number size, 
location, and design shall be approved by the 
commissioner. 

(6) Auxiliary Structures 

Structures at the rear of buildings, attached or 
unattached to the principal commercial structure, 
that are structurally deficient, shall be properly 
repaired or demolished. 



(7) Yards 



Where a front, side or rear yard exists or is created 
through the demolition of structures, the owner 



371 



Ord. 98-334 1 997- 1 998 Session 



shall condition the open areas in a manner 
consistent with the following standards. the 
owner shall submit a proposal for use of space to 
the Department for approval. 

(a) no storage of trash containers shall be 
allowed except when housed in or screened by 
permanent structures of acceptable design. 
Trash storage areas shall be maintained in a 
neat and clean manner at all times. dumpsters 
and pads shall be screened with a masonry wall 
compatible with the principle structure. 

(b) Off-street loading, storage and service 

( 1 ) Where permitted by the Zoning Ordinance of 
Baltimore City, and as approved by the Site 
Plan Review Committee of the Department of 
Planning, front, side, or rear yards may be 
used for loading, storage, or service. In 
addition to any requirements of the zoning 
Ordinance, these areas shall be 
appropriately screened from all adjacent 
streets and properties, except where such 
screening would inhibit the use of the area 
for parking or loading. 

(2) Appropriate screening shall include, but is 
not necessarily limited to, solid and 
perforated masonry walls at least 5 feet 6 
inches in height, solid fences and trees, and 
shrubs planted at appropriate intervals, or 
a combination of these. 

(c) All yards used for loading and vehicle storage 

AND SERVICE SHALL BE PROVIDED WITH THE PROPER 
INGRESS AND EGRESS TO A PUBLIC STREET OR ALLEY BY 
MEANS OF ACCESS DRIVES AND AISLES. ACCESS DRIVES 
AND AISLES SHALL BE CONSISTENT WITH THE INTENDED 
USE OF THE PROPERTY AND SHALL NOT BE EXCESSIVE IN 
SIZE. 



372 



1 997- 1 998 Session Ord. 98-334 



(D) A REAR YARD MAY BE ENCLOSED ALONG SIDE AND REAR 
PROPERTY LINES IN AN APPROPRIATE WALL, CONSISTENT 
AND HARMONIOUS IN DESIGN WITH THE REAR WALLS OF 
THE BUILDING. SOLID DOORS OR SOLID GATES MAY BE 
USED TO THE EXTENT NECESSARY FOR ACCESS AND 

DELIVERY. Such walls must not be less than 5 
feet nor more than 5 feet 6 inches in height. use 
of barbed wire or broken glass on top of walls 
shall not be permitted. 

(8) Lighting 

Property owners in the District are encouraged to 
illuminate their properties in an appropriate manner 
to promote security and general attractiveness. 
Lighting must be in conformance with the following 
standards: 

(a) The following lighting methods are not 
permitted to illuminate the front of any 
building or any side fronting on a major street: 

( 1 ) Exposed fluorescent lighting. 

(2) Exposed quartz or mercury vapor lamps. 

(3) Exposed incandescent lamps other than low 
wattage, purely decorative lighting. 

(b) the following lighting methods are permitted: 

( 1 ) "gooseneck incandescent," porcelain enamel 
reflector on bent metal tube arm. 

(2) INTERNALLY ILLUMINATED SIGNS, EXCEPT 

projecting signs, of back-lit (halo) letters. 

(3) Fully recessed downlights or wallwashers 
in a projecting metal box. the box must run 
the full length of the storefront at the top 
of the sign zone. 



373 



Ord. 98-334 1 997- 1 998 Session 



(4) Shielded fluorescent lamps with diffusers in 
a projecting metal box. the box must run the 
full length of the storefront at the top of 
the sign zone. 

(9) Footways 

Footways adjacent to all properties within the area 
boundaries shall be maintained in a manner 
consistent with applicable baltimore city codes. in 
addition, when required, footways shall be repaired 
or replaced to present a neat and even appearance 
in a manner that is compatible with the materials, 
design, and finish of adjacent footway surfaces. no 
merchandise may be displayed, stored, or permitted 
to remain outside buildings in the public footway. 

(10) Strip Shopping Center Development 

Over and above the rehabilitation standards 
provided elsewhere in this Plan, the following 
requirements apply to the properties known as 3529- 
3545 Dolfield Avenue and to all other properties 
that are redeveloped in a strip shopping center 

DESIGN: 

(a) Canopy requirement: 

These commercial properties shall be enhanced 
with a projecting, standing-seam metal canopy 
mansard roof. The canopy shall project a 
minimum of 3 feet and incorporate the 
following: 

( 1 ) a minimum 8-foot height clearance above the 
grade. it should also not project above the 
roof of the building or 1 6 feet, whichever is 

LOWER. 

(2) A VERTICAL 24-INCH FACE FOR BUILT-IN SIGN 
PANEL AREAS. 



374 



1997-1998 Session Ord. 98-334 



(3) Built in recessed lighting in the soffit area. 
Lighting shall be spaced a minimum of 4 feet 
on center. 

(4) Uniform, internally lit sign panels, to be 
located only within the 24-inch vertical 
face. One sign face per establishment is 
permitted. 

(5) Built-in roll down security grilles and 
housing, if desired. 

(6) a standing-seam metal mansard roof 
surface, to terminate against the front wall 
of each property. the color finish choice 
shall coordinate with other canopies in the 

CENTER. 

(7) The initial installation of canopies shall be 
reviewed and approved by the department 
of housing and community development and 
the Department of Planning prior to 
construction. upon approval, canopies shall 
be installed as a single entity along whole 

BLOCK FACES. 

(8) The general design of the canopy system is 
shown in 'Exhibit A', for illustrative 
purposes only. 

(b) Signage Requirement 

( 1 ) Signage housing enclosures shall be 
provided as an integral part of the canopy 
construction. 

(2) Sign panels shall be installed and removed 
within the housing enclosures as tenants 
occupy and vacate space. 

(3) SIGNAGE HOUSING ENCLOSURES SHOULD PROVIDE 
INTERNALLY LIT FIXTURES FOR LIGHTING 
REMOVABLE SIGN PANELS. 



375 



ORD. 98-334 1 997- 1 998 SESSION 



(4) Signage housing enclosures shall be no 
higher than 24 inches and shall be less than 
the width of each individual establishment, 
so that the housing is not continuous. 

(11) Private Commercial Parking Areas 

All private commercial parking or car-holding 
areas that front on dolfield, coldspring lane, or 
Belle Avenue shall be paved, striped, and laid out 
according to standard clty parking lot 
requirements. in addition, all lots shall be 
effectively screened from the front and side by: 

(a) a planting strip along the sidewalk edge 
incorporating a hedge with a minimum height of 3 
feet and street trees at an average spacing of 30 

FEET; OR 

(b) a combination of hedge, trees, and a decorative 
iron picket fence. 

(12) Public Pay Phones 

The installation of outdoor telephones must be 
approved by the department of housing and 
Community Development and the Department of 
Public Works , and, if approved, must be installed 
under the following requirements: 

(a) Telephones must be located in front of the 
building. 

(b) Telephones must have proper lighting for public 

SAFETY. 

(c) Telephones must not have incoming calls 
capability. 

(13) Period of Compliance 

(A) TO THE EXTENT THAT REHABILITATION REQUIREMENTS 
FOR COMMERCIAL USES ARE SPECIFICALLY APPLICABLE 



376 



1997-1998 Session Ord. 98-334 



to the dolfield business district and are not 
generally required elsewhere, the work 
necessary to meet such requirements shall be 
completed within 1 8 months from the effective 
date of the amendment to this plan, unless 
extended by the commissioner of the 
Department of Housing and Community 
Development. Thereafter, all work shall be 
completed in accordance with the date of 
completion set forth in the notice from the 
Commissioner. 

(b) no work, alterations, or improvements shall be 
undertaken after enactment of the amendment 
to this Plan that do not conform with the 
requirements of the plan. however, the 
Commissioner of the Department of Housing and 
Community Development may waive any 
regulation contained in the Plan, if the property 
owner has officially requested the waiver in 
writing and the commissioner agrees to do so. 

(5) On page 9 of the Plan, in C, TECHNIQUES USED TO ACHIEVE 
PLAN OBJECTIVES , 4, Review of Development , a. Department of 
Housing and Community Development Review , amend sub- 
paragraph (2) to read as follows: 

(2) Land Not to Be Acquired 

Under the provisions of Section B.2.b.(2), THE Department of 
Housing and Community Development has the right to review 
all plans for new construction, exterior rehabilitation, change in 
use, or demolition on any property not to be acquired. In 
reviewing these plans, the Commissioner of the Department of 
Housing and Community Development shall be concerned with 
design aspects contained in this Plan. 

(6) On page 10 of the Plan, after E., PROCEDURES FOR CHANGES 
IN APPROVED PLAN , insert the following: 



377 



ORD. 98-334 1 997- 1 998 SESSION 



R PENALTY FOR NON-COMPLIANCE 

Any person who violates any provision of this Plan is 
subject to a fine not to exceed $500, and each day's 
violation constitutes a separate offense. this plan may 
also be enforced by injunction. 

(7) On page 1 1 of the Plan, redesignate Section F.,SEPARABnjTY, to 
be Section G. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for West Coldspring Transit Station, as amended by this Ordinance and 
identified as "Urban Renewal Plan, West Coldspring Transit Station, 
revised to include Amendment 1, dated March 16, 1998", is approved. The 
Clerk of the City Council shall file a copy of the amended Urban Renewal 
Plan with the Department of Legislative Reference as a permanent public 
record, available for public inspection and information. 

Section 3. And be it further ordained, That the land use changes 
indicated for certain properties shown on Exhibit 1, "Land Use Plan", dated 
as revised November 25, 1997, are approved. 

Section 4. And be it further ordained, That the addition of 35 1 5 
and 3575 Dolfield to Exhibit 2, "Property Acquisition", dated as revised 
November 25, 1997, are approved. 

Section 5. And be it further ordained, That the addition of 35 1 5 
and 3575 Dolfield to Exhibit 3, "Land Disposition", dated as revised 
November 25, 1997, are approved. 

Section 6. And be it further ordained, That the changes to 
Exhibit 4, "Zoning Districts", dated as revised November 25, 1997, 
reflecting zoning changes made by Ordinances 82-626, 97-387, and 97-415, 
are approved. 

Section 7. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 



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1 997- 1 998 Session Ord. 98-335 



Section 8. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 9. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 10. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-335 
Council Bill 98-675 

An Ordinance Concerning 

Payments in Lieu of Taxes — Employer-Leased, 
Privately-Financed Parking Facilities on City Land 

For the purpose of authorizing and providing for negotiated payments in 
lieu of taxes ("PILOTs") in connection with the lease of employer- 
leased, off-street parking facilities located on land owned by the Mayor 
and City Council of Baltimore; authorizing the Mayor and City Council 
of Baltimore to effectuate PILOTs for these leasehold parking facilities 
by all necessary and proper means; making certain legislative findings 
concerning the public benefits and purposes of this Ordinance; 
providing that the assessment of the properties shall be carried on the 
assessment books as though the properties were taxable for the 



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Ord. 98-335 1 997- 1 998 SESSION 



purposes of determining the amount of any State of Maryland aid that is 
based on the assessable base of the City; authorizing the Board of 
Estimates of the City of Baltimore to approve the final terms of the 
PILOTs and the disposition agreements for which the PILOTs are 
negotiated; and providing for a special effective date. 

By authority of: 

Tax Property Article 

Section 7-50 1(b) 

Annotated Code of Maryland 

(1994 Replacement Volume and 1997 Cumulative Supplement) 

Recitals 

Section 7-501 of the Tax Property Article of the Annotated Code of 
Maryland (the "Enabling Law") authorizes the Mayor and City Council of 
Baltimore (the "City") to exempt from municipal property tax in the City 
and to accept a negotiated payment in lieu of the taxes on property owned 
by the City that is leased or otherwise made available to any person a 
business that is conducted for profit, although the Enabling Law requires 
that the assessment of the property be included in the assessable base of the 
City to determine the amount of any State of Maryland aid that is based on 
the assessable base of the City. 

The City desires to encourage the development of employer-leased, off- 
street parking facilities as a part of the Economic Development Program of 
the City to foster and stimulate economic growth and, in particular, to 
attract and retain employers. To accomplish this, the City desires the ability 
to offer a PILOT to prospective and existing employers who want to lease 
parking facilities in connection with or as part of the disposition agreements 
for those facilities. 

Authorizing the use of a PILOT in connection with or as part of a 
disposition agreement or other lease with employers for parking facilities is 
in the best interest of the City and will achieve significant public benefits 
and purposes, including (i) the addition of properties to the tax rolls of the 
City and the resulting increase in tax revenues for the City, (ii) the 
encouragement of the economic development of the City, including the use 
of resources, ingenuity, and entrepreneurial talents of the private sector to 
develop, operate, and manage parking facilities efficiently, (iii) the creation 
of job opportunities and the retention of existing jobs, (iv) the addition of 
off-street parking facilities, (v) the general promotion and improvement of 
the City and its facilities in order to foster and maintain the City and the 



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1 997- 1 998 Session Ord. 98-335 



image of the City as a healthy environment for the growth of business and 
industry, and (vi) the continuous economic well-being of its residents, both 
individual and corporate, thereby further encouraging the health, welfare, 
and safety of the citizens of the State of Maryland and of the City. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is hereby found and determined that: 

( 1 ) There is a need for additional employer-leased, off-street 
parking facilities in the City to provide parking for employees and to 
achieve significant public benefits and purposes. 

(2) The authorization by the Board of Estimates of the City to 
approve a PILOT in connection with or as a part of any disposition 
agreement entered into on or after June 1, 1998, for parking facilities will 
substantially aid in achieving and encouraging economic development in 
the City and other significant public benefits and purposes. 

Section 2. And be it further ordained, That, acting pursuant to 
the provisions of the Enabling Law and subject to this Ordinance, the City is 
authorized to exempt from municipal taxation parking facilities that are on 
City-owned land and that, on or after June 1, 1998, are leased or otherwise 
made available to any person who uses the property in connection with a 
business that is conducted for profit and who is authorized to accept a 
PILOT in accordance with the terms and conditions of an agreement (a 
"PILOT Agreement") approved by the Board of Estimates. The assessment 
of the parking facilities, however, shall be included in the assessable base of 
the City to determine the amount of any State of Maryland aid that is based 
on the accessible base of the City. 

Section 3. And be it further ordained, That the City may grant 
an exemption and enter into a PILOT Agreement under this Ordinance only 
if: (i) the parking facilities will be leased by an employer located in the City 
and will be managed by that employer (or its operator) and not the City; 
(ii) on the execution of the PILOT Agreement (or within 1 80 days after the 
employer's establishing a new or additional location in the City) and 
throughout the term of the Agreement, the employer will have at least 500 
employees to whom the parking facilities will be made available (although 
those facilities may also be made available to others and the public); and 
(iii) no Parking Revenue Bonds or other City funds are provided to the 
employer for the construction of these facilities. 



381 



Ord. 98-335 1997-1998 Session 



Section 4. And be it further ordained, That, subject to the 
conditions of Section 3 of this Ordinance, the City is authorized to negotiate 
a PILOT Agreement in connection with or as part of any agreement 
negotiated on or after July 1, 1998, for the lease of any City-owned property 
for use as parking and related facilities. 

Section 5. And be it further ordained, That, for the purpose of 
this Ordinance, "City-owned property" means any ownership interest held 
by the City in the applicable real property, including legal title to property, 
whether in fee or as a leasehold interest, and whether or not subject to a 
ground lease. 

Section 6. And be it further ordained, That, for the purpose of 
this Ordinance, "parking facilities" means any land and improvements on 
land, either now located or to be constructed, for the use and operation as a 
parking garage or facility, and any related or ancillary facilities, that has a 
minimum investment of $5,000,000 in private capital. 

Section 7. And be it further ordained, That any PILOT 
Agreement shall contain the terms and conditions that the Board of 
Estimates deems reasonably necessary to accomplish the purposes of this 
Ordinance, taking into account the specific needs of the particular parking 
facility. 

Section 8. And be it further ordained, That; 

(1) the final terms of any PILOT Agreement or disposition 
agreement affecting any parking facility and the final forms of 
all documents drafted in connection with it are subject to the 
approval of the Board of Estimates ; and 

(2) all parking facilities subject to a PILOT Agreement must 
receive Final Design Approval from the Planning Commission . 

Section 9. And be it further ordained, That the provisions of this 
Ordinance are severable. If any provision, sentence, clause, section, or part 
is held illegal, invalid, or unconstitutional, or inapplicable to any person or 
circumstances, that illegality, invalidity, unconstitutionality, or 
inapplicability does not affect or impair any of the remaining provisions, 
sentences, clauses, sections, or parts of this Ordinance or its application to 
other persons or circumstances. It is declared to be the legislative intent 



382 



1 997- 1 998 Session Ord. 98-336 



that this Ordinance would have been adopted if that illegal, invalid, or 
unconstitutional provision, sentence, clause, section, or part had not been 
included. 

Section 10. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-336 
Council Bill 98-688 

An Ordinance Concerning 

Urban Renewal — Caton/95 — 
Amendment 3 4 



For the purpose of amending the Urban Renewal Plan for Caton/95 to 
authorize the acquisition by purchase or by condemnation of a certain 
property for urban renewal purposes, create a new disposition lot, and 
revise certain exhibits attached to the Plan to reflect the changes in the 
Plan; waiving certain content and procedural requirements; making the 
provisions of this Ordinance severable; providing for the application of 
this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

BY authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Caton/95 was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 81-399 and last 
amended by Ordinance 85-575. 

An amendment to the Urban Renewal Plan for Caton/95 is necessary to 
authorize the acquisition by purchase or by condemnation of a certain 



383 



Ord. 98-336 1 997- 1 998 Session 



property for urban renewal purposes, create a new disposition lot, and revise 
certain exhibits attached to the Plan to reflect the changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Caton/95 has been 
approved by the Director of the Department of Planning for conformity to 
the Master Plan, for the detailed location of any public improvements 
proposed in the amended Urban Renewal Plan, and for conformity to 
existing zoning classifications. This proposed amendment also has been 
approved and recommended to the Mayor and City Council of Baltimore by 
the Commissioner of the Department of Housing and Community 
Development. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Urban Renewal Plan for Caton/95, as amended by 
this Ordinance and identified as "Urban Renewal Plan, Caton/95, revised to 
include Amendment 3- 4, dated April 8, 1998", is approved. The Clerk of 
the City Council shall file a copy of the amended Urban Renewal Plan with 
the Department of Legislative Reference as a permanent public record, 
available for public inspection and information. 

Section 2. And be it further ordained, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal purposes, the 
fee simple interest or any lesser interest in and to the following property or 
portion thereof, together with all right, title, interest and estate that the 
owner or owners of said property interests may have in all streets, alleys, 
ways or lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

an approximate 285-foot portion of Bloede Avenue right-of-way. 

Section 3. And be it further ordained, That the revision shown in 
the amended Urban Renewal Plan on Exhibit 2, Property Acquisition, dated 
as revised April 8, 1998, is approved. 

Section 4. And be it further ordained, That the revision shown in 
the amended Urban Renewal Plan on Exhibit 3, Land Disposition dated as 
revised April 8, 1998, is approved. 



384 



1 997- 1 998 Session Ord. 98-337 



Section 5. And be it further ordained. That the City open a 20- 
foot wide portion of the south side of Bloede Avenue, beginning at a point 
105 feet ± east of Caton Avenue and extending to the east boundary of the 
Russel Automotive Property, to be used solely for eastbound travel of 
vehicles weighing 10,000 lbs, or less, subject to revision under applicable 
laws of the City of Baltimore governing the regulation of use and access, 
including maximum size and weight of vehicles. 

Section-S 6. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 6 7. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 28. And be it further ordained, That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions shall be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 
provision of this Ordinance prevails and the other conflicting provision is 
repealed to the extent of the conflict. 

Section 8 9. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-337 
Council Bill 98-696 



385 



Ord. 98-337 1997-1998 Session 



An Ordinance Concerning 

Urban Renewal — Harlem Park Project II — 
Amendment 4 

For the purpose of amending the Urban Renewal Plan for Harlem Park 
Project II to provide a list of objectives and reasons for the Plan, amend 
the uses allowed in residential districts, amend the regulations, controls 
and restrictions for certain properties, amend provisions regarding 
property acquisition, amend standards for rehabilitation of properties 
not listed for acquisition, extend the period of time in which the Plan 
will be in effect, amend procedures for changing the Plan, correct and 
clarify certain language, replace certain Exhibits to reflect changes in 
the Plan; waiving certain content and procedural requirements; making 
the provisions of this Ordinance severable; providing for the application 
of this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

BY authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Harlem Park Project II was originally 
approved by the Mayor and City Council of Baltimore by Ordinance 60-419 
and last amended by the Board of Estimates on May 24, 1967. 

An amendment to the Urban Renewal Plan for Harlem Park Project II is 
necessary to provide a list of objectives and reasons for the Plan, amend the 
uses allowed in residential districts, amend the regulations, controls and 
restrictions for certain properties, amend provisions regarding property 
acquisition, amend standards for rehabilitation of properties not listed for 
acquisition, extend the period of time in which the Plan will be in effect, 
amend procedures for changing the Plan, correct and clarify certain 
language, and replace certain Exhibits to reflect changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 



386 



1 997- 1 998 Session Ord. 98-337 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Harlem Park Project II are approved: 

(1) On page 3 of the Plan, in B. Description of Project , strike 
subsection B.2 in its entirety and substitute the following: 

2. Objectives and reasons for the various provisions of this 
Plan. 

( 1 ) to protect the area from blighting influences 
through clearance of concentrations of blight, 
rehabilitation of basically sound structures, new 
construction, and establishment of regulations; 

(2) to provide housing resources for families of all 
income levels through rehabilitation and new 
construction; 

(3) to bring about a general physical improvement in 
the area by coordinated public and private 
improvements; 

(4) to address the growing number of vacant and 
deteriorated properties; 

(5) to provide development opportunities through 
offering parcels assembled by selective demolition 
and acquisition; 

(6) to establish limits or standards and controls on 
the redevelopment of vacant properties as new 
commercial uses; 

(7) to establish exterior property rehabilitation 
standards; 

(8) to promote new construction that is compatible to 
the existing physical character of the 
neighborhood; and 

(9) to promote residential rehabilitation and 
development at lower density. 



387 



ORD. 98-337 1 997- 1 998 SESSION 



(2) On page 3 of the Plan, in C. Land Use Plan , amend subsection C.l 
and the introductory paragraphs to C.2.a.(l) and C.2.a.(l)(a) to 
read as follows: 

C. Land Use Plan 

1. Land Use Plan 

Exhibit No. 2, Land Use Plan, dated March 30, 1959, and 
revised June 30, 1959, April 1, 1960, November 1, 1963, 
and February 23, 1966, shows all public rights- of- way and 
proposed land uses. Municipal and other utilities are in 
public rights-of-way or in publicly owned land. [Under the 
provisions of this Plan no new rights-of-way for municipal 
or other utilities are necessary.] Only the use 

CATEGORIES SHOWN ON THE LAND USE PLAN MAP, EXHIBIT 
NO. 2, SHALL BE PERMITTED WITHIN THE PROJECT AREA. 

2. Land Use Provisions and Building Requirements 
a. Permitted Uses 

(1) Residential 

[Uses permitted within the residential use areas 
shown on the Land Use Plan shall consist of:] 

(a) [Dwellings, together with the following 

accessory uses:] Residential uses shall be 

RESTRICTED TO USES LISTED IN THE R-8 AND O- 

R-2 General Residence Districts as listed 
in the Zoning Ordinance of Baltimore 
City with the exception of clubs and 
lodges - non-profit, rooming and 
boarding houses for three or more 
roomers - but not exceeding ten rooming 
units in each structure, non-profit homes 
for the rehabilitation of non-bedridden 
alcoholic persons and for the care and 
custody of homeless persons, community 
correction centers, drug abuse 
rehabilitation and treatment centers, 
parole and probation offices, antenna 



388 



1 997- 1 998 Session Ord. 98-337 



towers and microwave relay towers and 
installations for communications- 
transmission or receiving, bus and 
transit turnarounds and passenger 
shelters, rooming and boarding houses 
with eleven or more rooming units, 
travel trailers and similar camping 
equipment - parking or storage, and 
hospitals. the o-r-2 uses shall be limited 
to 1700- 1720 Edmondson Avenue. The 
following accessory uses shall be 
permitted: 

(3) On page 7 of the Plan, in C. Land Use Plan , amend paragraph 
C.2.a.(2)(a) to read as follows: 

(a) The non-conforming use shall not be changed to any use except 
those permitted within the [Residential Use areas] R-8 Zoning 
District of the project area as specified above or to any of the 
following uses: barber shop; beauty shop; clothing store; drug 
store; food store; laundry and dry cleaning pick-up station; 
office, business or professional; shoe store; shoe repair shop; 
tailor shop. 

(4) On page 12 of the Plan, in C. Land Use Plan , amend paragraph 

C.2.a.(3)(a) to read as follows: 

(a) The non-conforming use shall not be changed to any use except 
those permitted within the [Residential use areas] R-8 Zoning 
District of the project area as specified above. 

(5) On page 13 of the Plan, add the following to Table B: 

TABLE B 
MAJOR NON-CONFORMING COMMERCIAL USES 
Block Lot Street Address Use 



129 119 900 Bennett Place Barber 

1 29 063 90 1 Bennett Place Convenience store 



389 



Ord. 98-337 1 997- 1 998 Session 



(6) On pages 14 and 15 of the Plan, in C. Land Use Plan , amend 

paragraph C.2.a.(5)(b) to read as follows: 

(b) The [proposed] public (inner block) open space areas shown on 
the Land Use Plan [will be] have been redeveloped for (a) 
active and passive recreation, or (b) for active and passive 
recreation and parking. The following [uses will be] are 
permitted within these areas [.]: 

i. Landscaping 

ii. Walkways 

iii. Play equipment 

iv. Benches 

v. Shelters 

vi. Service roadways 

vii. Parking Facilities 

(7) On pages 15 through 21 of the Plan, in C. Land Use Plan , amend 

paragraph C.2.b to read as follows: 

b. Regulations, controls and restrictions to be imposed on the sale[, 
lease,! or retention of land and properties acquired: 

Regulations, controls and restrictions to be imposed on the 
sale[, lease] or retention of land and properties acquired, [and 
covenants with respect thereto] shall be in effect for a period 
of not less than [40] 30 years [following the date of the 
approval of this Plan by the Mayor and City Council of 
Baltimore] FROM THE DATE THE PLAN IS LAST AMENDED. Such 
regulations where applicable will be imposed by [covenants or 
other provisions in the] agreements for land disposition and 
conveyances executed pursuant thereto. 

(1) General Provisions 

(a) The [Redeveloper] Developer shall devote the land to 
the uses specified in this Plan and to no other uses. 



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1 997- 1 998 Session Ord. 98-337 



(b) The [Baltimore Urban Renewal and Housing Agency] 
Baltimore City Department of Housing and 
Community Development specifically reserves the 
right to review and approve the [Redevelopers'] 
Developer's preliminary drawings and specifications 
and final working drawings and specifications for 
redevelopment or rehabilitation with respect to their 
conformance with the provisions of this Renewal Plan 
and all other appropriate baltimore clty 
Building Codes. 

(i) no buildings, structure, or parking area 
shall be constructed over an easement 
within the project area without the prior 
consent of the commissioner of the 
Department of Housing and Community 
Development and the Director of Public 
Works. 

(ii) no materials shall be stored or permitted to 
remain outside buildings. 

(ill) no waste material, refuse, or garbage shall 
be permitted to remain outside buildings 
except as permitted by the baltimore clty 
regulations regarding containers for 
garbage; the areas for such containers 
shall be properly screened from adjacent 
properties and public streets and alleys. 

(iv) Landscape treatment encompasses the 

PLANTING OF ANY, ALL, OR A COMBINATION OF THE 
FOLLOWING: TREES, SHRUBS, GROUND COVER, 
GRASS, FLOWERS. THE AMOUNT OF LANDSCAPE 
TREATMENT SHOULD BE DETERMINED BY THE 
NATURE OF THE DEVELOPMENT AND SHOULD SERVE 
TO IMPROVE THE UTILITY OF THE SITE, ENHANCE 
BUILDING DESIGN, AND SOFTEN AND RELIEVE THE 
ENVIRONMENTAL AND VISUAL IMPACT OF THE 
DEVELOPMENT. ALL SCREENING AND LANDSCAPING 
SHALL BE MAINTAINED IN GOOD CONDITION. 



391 



Ord. 98-337 1 997- 1 998 Session 

(2) Clearance and Redevelopment Areas 

(a) Inner block open space areas 

No structure shall be constructed except those 
accessory to recreation use. 

(b) Residential Areas — Bulk Regulations, Parking 

Requirements and Accessory Uses: 

Bulk and parking regulations as outlined in the 
R-8 Zoning District of the Zoning Ordinance of 
Baltimore City shall be observed. Accessory 
uses shall be limited to the following: garages, 
signs as regulated by chapter 10 of the zoning 
ordinance of baltimore clty, temporary real 
estate sales offices for the purpose of 
conducting the sale of lots or improvements in 
the development in which such office is located - 
for a period not to exceed the duration of active 
construction and for one year thereafter, and 
tool houses and other similar structures for 
the storage of accessory supplies . any other 
accessory uses are subject to the approval of 
the commissioner of the department of housing 
and Community Development. 

[i. Maximum permissible density shall be 40 families 
per net residential acre. 

ii. Maximum land coverage shall not exceed 40%. 

iii. Minimum setback from any street or alley shall be 
10 feet, except in the case of Parcel A, where the 
minimum setback from any street or alley shall be 
five (5) feet. In addition, any building to be 
constructed on Parcel A shall maintain a minimum 
setback of four (4) feet from the existing building 
located at 602 North Mount Street. Minimum 
depth of rear yards shall be 30 feet. 

iv.] I. Maximum building height shall be 65 feet. 



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1 997- 1 998 Session Ord. 98-337 



[v. A minimum of one (1) off-street parking space shall 
be provided for each dwelling unit to be 
constructed. If Parcel "F' is to be used for off- 
street parking, parking spaces equal to 70% of the 
dwelling units housed shall be provided or in such 
lesser amounts as may be authorized by the Board 
of Municipal and Zoning Appeals as a special 
exception. In calculating the number of spaces, an 
area of 200 square feet shall be allowed per car 
exclusive of access aisles, drive-ways and related 
services areas. 

vi. No accessory structures shall be constructed, except 
as noted in subparagraph viii. below. 

vii.] II. All land not covered by structures shall be 
landscaped with trees, grass, shrubbery, walkways 
and/or paving as appropriate. All landscaping is to 
be maintained in good condition by the property 
owner as specified by disposition agreements. 

[viii.] in. The use of Parcel "E" shall be limited to 
recreation, off-street parking and [landspacing] 
landscaping. No structures other than accessory 
or ornamental structures appropriate to 
recreational or park use, shall be permitted on this 
parcel. Provided further that such accessory or 
ornamental structures shall not cover more than 
20% of the parcel area. 

[ix.] IV. In the event that off-street parking is provided 
on Parcel "E" and/or Parcel "F\ it shall be 
adequately screened from surrounding streets and 
alleys by landscaping and/or masonry screen walls. 

[x. In the event that the existing building on Parcel "F' 
is to be retained, the rehabilitation objectives and 
controls of the Urban Renewal Plan shall apply. 

xi.] v. Parcel "H", as shown on the Land Disposition 
Map, shall be made available to the developer of 
the properties located at 802-808 North Carrollton 
Avenue (Lots 2 through 5, Bureau of Surveys 



393 



ORD. 98-337 1 997- 1 998 SESSION 



Block 90) for residential use and shall be subject 
to the controls set forth in Section C.2.b. (3), 
Rehabilitation Areas . In addition, development on 
Parcel "H" shall be subject to the four (4) foot 
wide pedestrian easement as shown on the Land 
Disposition Map. Such pedestrian easement is to 
be used in common with abutting properties. All 
off-street parking areas shall be screened by 
appropriate planting and/or masonry walls. 

(3 ) Commercial Areas 

Uses shall be limited to those permitted under 
the B-l Zoning District with the exception of 
liquor stores-package good stores, taverns and 
pawn shops. Bulk regulations and parking 
requirements as outlined in the b-l zoning 
District shall be observed. 

i. no commercial establishments shall be 

permitted to have upper story windows that 
are boarded or in disrepair. upper story 
windows can be replaced with an opaque, 
plexiglas material. 

[i. Maximum land coverage shall not exceed 40%. 

ii. Maximum building height shall not exceed 35 feet 
or two stories whichever is less. 

iii. Off-street parking spaces shall be provided at the 
rate of one parking space per 400 square feet of 
gross floor area. 

iv. No minimum setback shall be required. 

v.] II. Exterior signs advertising only the principal 
business conducted on the premises shall be 
permitted. The total area of all signs shall not 
exceed 10% of the total area of the building 
facade; except that in addition one sign not to 



394 



1997-1998 Session Ord. 98-337 



exceed three (3) square feet in size may be 
installed at the service entrance of each individual 
store. 

[vi. One double faced illuminated sign not to exceed 
20 square feet in size and identifying the area as a 
neighborhood shopping area may be permitted. 
Such sign is to be located entirely within property 
lines and is to be installed so as not to constitute a 
traffic hazard. The height of such sign shall not 
exceed 30 feet. 

vii.] ill. No animated, pulsating or projecting signs 
shall be permitted. 

(3) Rehabilitation Areas 

Properties acquired by the Mayor and City Council of 
Baltimore for resale for rehabilitation or reconstruction 
pursuant to this Plan or pursuant to the Renewal Plan for 
the "314" Demonstration Project, approved by Ordinance 
No. 1965 of the Mayor and City Council of Baltimore, 
approved May 14, 1959, shall be sold subject to the 
following conditions: 

(a) Property rehabilitation shall comply with the 
codes and ordinances of the clty of baltimore. 

In addition, THE FOLLOWING STANDARDS must BE 
OBSERVED: 

i. Windows and frames shall be repaired and 

PAINTED IF SALVAGEABLE. IF WINDOWS (SASH AND 
FRAME) ARE TO BE REPLACED, THEY MUST BE OF A 
SIZE AND CONFIGURATION TO MATCH THE ORIGINAL 
MASONRY OPENING. BLACK METAL OR IRON 
VERTICAL SECURITY GRILLES MAY BE USED ON 
BASEMENT WINDOWS. BOARDS MAY BE USED ONLY 
IN CASES OF ACTIVE REHABILITATION ON 
PROPERTIES. 

ii. New doors shall fit existing masonry 
openings. Where possible, existing 
architectural details such as marble base, 



395 



Ord. 98-337 1997-1998 Session 



LINTELS, DOOR SURROUND AND STEPS MUST BE 
RETAINED. 

in. Property exteriors shall not be covered with 

VINYL, ALUMINUM, OR OTHER INAPPROPRIATE 
MATERIAL. 

iv. Property exteriors shall be chemically 

CLEANED, NOT SANDBLASTED. 

v. The Commissioner of the Department of 
Housing and Community Development 
reserves the right to review and approve or 
disapprove rehabilitation permits. 

[(a) Compliance with the rehabilitation or reconstruction 
objectives set forth below and with the other provisions 
of this Plan. 

(b) Imposition of covenants running with the land 

appropriate to the property in question to secure 
rehabilitation, remodeling, and/or improvement of the 
property in question, or the building of an entirely new 
structure on the land. Such covenants will include 
appropriate provisions to govern the use, occupancy, 
maintenance, number of dwelling units, structural 
changes, and land coverage of the property in question. 

(c) Maximum permissible density for each lot shall be 50 

families per net residential acre. 

(d) Maximum land coverage for each lot shall not exceed 

60%. In computing land coverage, all accessory 
structures shall be counted. 

(e)] B. Building height shall not exceed that of the structure 
under rehabilitation. In the case of reconstruction of 
row housing, building height shall not exceed that of 
abutting structures. In the case of reconstruction of 
detailed housing, building height shall not exceed that 
of adjacent structures. 



396 



1 997- 1 998 Session Ord. 98-337 



[(f)] C. All land not covered by structures shall be 

landscaped appropriately with trees, grass, shrubbery, 
flower beds, walkways, and/or paving as appropriate. 
All landscaping is to be maintained in good condition 
by the property owner as specified by disposition 
instruments. 

[(g) In the event of reconstruction, minimum setback shall 
be established by the setback of the majority of the 
structures in the block. 

(h)] D. [No non-conforming] Non-conforming uses will 
NOT be permitted unless they comply with the 
provisions set forth in Section C.2.a., page 3, and with 
the rehabilitation standards set forth in Section D-2 
page [25] 27. 

[(4) Land For Future Replacement of Existing Firehouse 

The project land identified as Parcels "C" and "D" on 
Exhibit No. 5, Land Disposition Map, dated revised 
November 1, 1963, shall be made available by the LPA to 
the Fire Department of Baltimore City to be used in 
connection with the future replacement of an existing 
firehouse. As shown on the Land Disposition Map, the 
parcels are situated on either side of the existing firehouse. 

At the time the Fire Department is ready to begin 
redevelopment, the land area, including both Parcels "C" 
and "D", and the land on which the existing firehouse 
stands shall be treated as one parcel, and shall be subject to 
the following controls: 

i. No structure shall be permitted on that portion of the land 
now designated as Parcel "C". 

ii. Off-street parking for nine (9) vehicles shall be 
provided. 

iii. Minimum setback from Lafayette Avenue shall be 20 
feet for the Combined Parcel. 



397 



Ord. 98-337 1 997- 1 998 Session 



iv. All land not covered by structures or utilized for off- 
street parking shall be landscaped appropriately with 
trees, grass, shrubbery, flower beds, walkways, and 
used for such paving as is appropriate for a firehouse. 
The land area designated for landscaping shall not be 
less than 1 0% of the total land area in the Combined 
Parcel. 

v. The maximum allowable land coverage shall be 60% for 
the Combined Parcel. 

vi. The maximum allowable building height shall be 40 
feet. 

(5)] (4) Land for Semi-Public (Institutional) Use 

The project land identified as Parcel "G" on the Land 
Disposition Map, dated revised February 23, 1966, shall be 
made available by the [LP A] DEPARTMENT OF HOUSING 
and Community Development for semi-public use and 
shall be subject to the following controls: 

i. No structure shall be permitted on this parcel except that 
structures will be permitted on portions of existing 
alleys not otherwise restricted by easements. 

ii. Development of the parcel shall be in accordance with 
the four (4) foot wide pedestrian easement indicated on 
the Land Disposition Map. Such pedestrian easement 
is to be used in common with abutting properties. 

(8) On pages 21 and 22 of the Plan, in C. Land Use Plan , strike 
paragraph C.2.c. Applicability of Provisions and Requirements to 
Property Not to be Acquired in its entirety. 

(9) On page 22 of the Plan, in C. Land Use Plan , amend paragraph C.3. 
to read as follows: 



3. Zoning 



[a.] A Map showing [zone] ZONING districts proposed to be 
established in order to put the Land Use Plan into effect is 



398 



1 997- 1 998 Session Ord. 98-337 



given as Exhibit No. 3, Zoning, dated March 30, 1959, and 
revised June 30, 1959, [and] April 1, 1960, AND , 1998. 

(10) On pages 22 and 23 of the Plan, in D. Project Proposals , amend 
paragraph D.l.a. to read as follows: 

D. Project Proposals 

1 . Land Acquisition 

a. Properties within the project area will be acquired [both 
for Clearance and Redevelopment, and for 
Rehabilitation] for Demolition, New Construction, 
and Rehabilitation. 

[( 1 ) Clearance and Redevelopment] 

Properties proposed for acquisition for clearance and 
redevelopment or already acquired for clearance and 
redevelopment under the Renewal Plan for the "314" 
Demonstration Project, approved by Ordinance No. 

1965, approved May 14, 1959, are identified on 
Exhibit No. 4, Property Acquisition Map, dated March 
30, 1959, and revised April 1, 1960, November 1, 
1963, and February 23, 1966. Certain additional 
structures (for the most part garages or accessory 
buildings) identified on the Property Acquisition Map 
will be acquired and removed. [The land upon which 
these structures stand, however, will not be acquired.] 
Properties identified for acquisition are listed in 
Exhibit 4 and Appendix A of the Urban Renewal 
Plan for Harlem Park Project n, originally 
approved by the mayor and clty council of 
Baltimore by Ordinance No. 419, dated July 6, 

1960 AND AMENDED BY ORDINANCE NO. 234 DATED 

June 3, 1964, by Ordinance No. 865 dated June 29, 

1 966, by a Minor Amendment dated May 24, 1 967, 
and by Ordinance No. dated , 1 998. 



399 



Ord. 98-337 1 997- 1 998 Session 



[(2) Rehabilitation of Existing Structures 

Definitive determinations as to the acquisition of 
properties for rehabilitation will be made during the 
execution of the Plan.] 

(1 1) On pages 23 through 25 of the Plan, in D. Project Proposals , strike 
subsection D.l.b in its entirety and substitute the following: 

B. CONDITIONS UNDER WHICH PROPERTIES NOT DESIGNATED FOR 
ACQUISITION MAY BE ACQUIRED: 

( 1 ) NON-S ALV ABLE OR NON-COMPLIANCE WITH NOTICE TO 
REHABILITATE 

IT MAY BE NECESSARY TO ACQUIRE BY PURCHASE OR BY 
CONDEMNATION FOR URBAN RENEWAL PURPOSES THE FEE 
SIMPLE INTEREST OR ANY LESSER INTEREST IN AND TO SUCH 
OF THE REMAINING PROPERTIES OR PORTIONS THEREOF IN 

the Harlem Park Project n area not specifically 

DESIGNATED FOR ACQUISITION ON THE PROPERTY 

Acquisition Map, Exhibit No. 4, and Appendix A, as 
may be deemed necessary and proper by the 
Commissioner of the Department of Housing and 
Community Development to effect the proper 
implementation of the project. this may include: 

i. any property in the project area containing a non- 
salvable structure, i.e., a structure which in the 
opinion of the commissioner of the department 
of housing and community development cannot 
be economically rehabilitated. 

ii. any property the owner of which is unable or 
unwilling to comply or conform to the property 
rehabilitation standards set forth in this 
Urban Renewal Plan within 12 months from the 
date of written notice of the required 
improvements. the department of housing and 
Community Development, after due 
consideration that the property owner has 
failed to achieve substantial conformity with 
the Property Rehabilitation Standards and 



400 



1997-1998 Session Ord. 98-337 



after 90 days' written notice to the owner, may 
acquire the property pursuant to the eminent 
Domain Law of this State as if the property had 
originally been planned for the acquisition. the 
Department of Housing and Community 
Development reserves the right to acquire any 
such non-complying property for a period of 2 
years from the date of the written 90-day notice 
by the Department of Housing and Community 
Development. 

(2) Additional reasons for acquisition 

It may be necessary to acquire by purchase or 
condemnation for Urban Renewal purposes the 
fee simple interest, or any lesser interest, in and 
to such of the remaining properties or portions 
thereof in the harlem park ii project area not 
designated for acquisition in addition to those 
properties listed in exhibit no. 4 and appendix a 
in order to carry out rehabilitation by the 
Department of Housing and Community 
Development because: 

i. Rehabilitation on a structure-by-structure 
basis is infeasible, and assemblage of a group 
of properties is required to carry out the 
objectives set forth in this plan; 

ii. it is necessary to make residential structures 
available for use of low or moderate income 
families; or 

hi. rehabilitation of individual, scattered 
properties is necessary in order to remove 
blighting influences from otherwise sound 
residential blocks. 



401 



ORD. 98-337 1997-1998 SESSION 



(12) On pages 25 through 32 of the Plan, in D. Project Proposals , strike 
subsection D.2. Rehabilitation and Conservation in its entirety and 
substitute the following: 

2. Rehabilitation and Conservation 

a. Rehabilitation Objectives - Properties Not Listed for 

Acquisition 

Owners of properties located within the boundaries 
of this Plan but that are not listed for acquisition 
shall, where necessary, rehabilitate their 

PROPERTIES IN ACCORDANCE WITH THE REHABILITATION 

Standards set forth in this Plan and shall comply 
with the codes and ordinances of the clty of 
Baltimore. 

b. Methods for Achieving Rehabilitation 

( 1 ) Review of Plan for New Construction, Exterior 
Rehabilitation, or Change in Use: 

All plans for new construction (including 
parking lots), exterior rehabilitation, or 
change in use on any property not to be acquired 
under the provisions of this plan shall be 
submitted to the department of housing and 
Community Development for review. Only upon 
finding that the proposed plans are consistent 
with the objectives of the urban renewal plan, 

SHALL THE COMMISSIONER OF THE DEPARTMENT OF 

Housing and Community Development authorize 
the processing of the plans for issuance of a 
building permit. the provisions of this section 
are in addition to and not in lieu of all other 
applicable laws and ordinances relating to new 
construction. 



402 



1 997- 1 998 Session Ord. 98-337 



(2) Demolition 

All applications for demolition permits shall be 
submitted to the department of housing and 
Community Development for review and 
approval. Upon finding that the proposed 
demolition is consistent with the objectives of 
the Urban Renewal Plan, the Commissioner of 
the Department of Housing and Community 
Development shall authorize the issuance of the 
necessary permit. If the Commissioner finds that 
the proposal is inconsistent with the objectives 
of the Urban Renewal Plan and therefore denies 
the issuance of the permit, he shall, within 90 
days of such denial, seek approval of the board 
of estimates to acquire for and on behalf of the 
Mayor and City Council of Baltimore, the 
property, in whole or in part, on which the 
demolition was to have occurred, by purchase, 

LEASE, CONDEMNATION, GIFT, OR OTHER LEGAL MEANS 

for the renovation, rehabilitation, and 
disposition thereof. in the event that the board 
of Estimates does not authorize the acquisition, 
the Commissioner shall, without delay, issue the 
demolition permit. 

(13) On page 33 of the Plan, in D. Project Proposals , redesignate 
Section 4. as 4. FRedeveloper' si Developer's Obligations , strike 
subsection 4.a. General Provisions in its entirety, and redesignate 
subsections 4.b. and 4.c. to be 4.a. and 4.b. respectively. 

(14) On pages 34 through 37, in E. Other Provisions Necessary to 
Meet State and Local Requirements strike the introductory 
paragraph and items 1 through 1 1 on page 36, inclusive, and amend 
the remaining paragraph on pages 36 and 37 to read as follows: 

E. [Other Provisions Necessary to Meet State and Local 
Requirements! Land Disposition 



403 



ORD. 98-337 1997-1998 SESSION 



[In addition,] Ordinance No. 692, APPROVED DECEMBER 3 1 , 
1956, requires that the Plan be "sufficiently complete" to 
define disposition of land or property. Land and property 
interests acquired by the Mayor and City Council within the 
project area will be disposed of by sale, lease, conveyance, or 
transfer, or other means available to the City, in accordance 
with Exhibit No. 5, Land Disposition Map, dated March 30, 
1959, [and] revised July 15, 1959, November 1, 1963, [and] 

February 23, 1966, and , 1998, subject, 

however, to such easements as may be reserved by the City. 

The parcels shown on Exhibit No. 5 are schematic and 
approximate. To carry out this Plan, the [Baltimore Urban 
Renewal and Housing Agency] Department of Housing and 
Community Development will formulate appropriate 
disposition policies and procedures. Properties in 
Rehabilitation Areas disposed of by the City for rehabilitation 
or reconstruction are not required to be shown on Exhibit No. 
5. 

(15) On page 37 of the Plan, amend Section F. Duration of Plan to read 
as follows: 

F. Duration of Plan 

The provisions of this Plan and the restrictions with respect 
thereto shall be in effect for a period of not less than [40] 30 
years [following the date of the approval of the Plan by the 
Mayor and City Council of Baltimore] FROM the date this 
Plan is last amended. 

(16) On page 37 of the Plan, strike Section H. Changes in Approved 
Plan in its entirety and substitute the following: 

H. Procedures For Changes in Approved Plan 

1 .The Department of Housing and Community 

Development shall submit to the local community 
organizations for review and comments all 



404 



1997-1998 Session Ord. 98-337 



proposed amendments to the urban renewal plan no 
later than the time the proposed amendments are 
submitted to the director of the department of 
Planning by the Department of Housing and 
Community Development. 

2. The written comments and recommendations from 

this review shall be submitted to the department of 
Housing and Community Development no later than 
3 weeks after they have been submitted to the local 
community organizations; otherwise, it is presumed 
the proposed changes are satisfactory. 

3. Prior to passage of any ordinance amending the 

Urban Renewal Plan , a public hearing shall be 
held. The local community organizations shall 
receive, at least 10 days prior to such hearing, 
written notice of the time and place of the hearing. 
With respect to any land in the project area 
previously disposed of by the city for use in 
accordance with the urban renewal plan, the then 
owner of such land whose interests therein are 
materially affected by such changes shall receive 
at least 10 days prior to such hearing written 
notice of the time and place of such hearing and 
information as to where a copy of the proposed 
amendments may be inspected. 

(17) At the end of the Plan, add Appendix A to read as follows: 

APPENDLXA 

PROPERTIES FOR ACQUISITION AND DISPOSITION FOR 
REHABILITATION OR REDEVELOPMENT 



IN ADDITION TO THOSE GROUPS OF PROPERTIES TO BE ACQUIRED AND 
DISPOSED OF FOR REDEVELOPMENT (DESIGNATED AS DISPOSITION 

Lots 33, 35, 36 and 36A on Exhibit 5), the following 



405 



Ord. 98-337 1997-1998 Session 



PROPERTIES WILL BE ACQUIRED AND DISPOSED OF FOR 
REHABILITATION OR REDEVELOPMENT. CERTAIN PROPERTIES LISTED 
BELOW MAY BE USED, IN WHOLE OR IN PART, AS REAR OR SIDE YARD 
SPACE FOR ADJACENT REHABILITATED HOUSING. 

902 W. Franklin Street 

904 W. Franklin Street 
908 W. Franklin Street 
910 W. Franklin Street 

912 W. Franklin Street 

91 8 W. Franklin Street 

920 W. Franklin Street 

938 W. Franklin Street 
958 W. Franklin Street 
960 W. Franklin Street 

905 Bennett Place 

907 Bennett Place 

913 Bennett Place 

915 Bennett Place 

917 Bennett Place 

919 Bennett Place 

921 Bennett Place 
923 Bennett Place 
927 Bennett Place 
931 Bennett Place 

939 Bennett Place 
941 Bennett Place 
945 Bennett Place 
949 Bennett Place 
955 Bennett Place 
902 Bennett Place 
904 Bennett Place 

908 Bennett Place 
910 Bennett Place 
912 Bennett Place 

914 Bennett Place 

916 Bennett Place 

918 Bennett Place 

922 Bennett Place 



406 



1997-1998 Session Ord. 98-337 



924 Bennett Place 
928 Bennett Place 
930 Bennett Place 
934 Bennett Place 
940 Bennett Place 

504 n. schroeder street 
506 n. schroeder street 

508 N. SCHROEDER STREET 
5 14 N. SCHROEDER STREET 
524 N. SCHROEDER STREET 
621 N. SCHROEDER STREET 

623 n. schroeder street 
631 n. schroeder street 
900-02 Harlem Avenue 

917 Harlem Avenue 
921 Harlem Avenue 
923 Harlem Avenue 

925 Harlem Avenue 
908 Harlem Avenue 
9 1 4 Harlem Avenue 
9 1 6 Harlem Avenue 

918 Harlem Avenue 
920 Harlem Avenue 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Harlem Park Project n, as amended by this Ordinance and 
identified as "Urban Renewal Plan, Harlem Park Project n, revised to 
include Amendment 4, dated April 20, 1998", is approved. The Clerk of the 
City Council shall file a copy of the amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent public record, 
available for public inspection and information. 

Section 3. And be it further ordained, That the revisions to 

legend items on amended Exhibit 2, Land Use Map, dated are 

approved. 

Section 4. And be it further ordained, That the revisions 
reflecting current zoning districts on amended Exhibit 3, Zoning Map, dated 
are approved. 



407 



Ord. 98-337 1 997- 1 998 Session 



Section 5. And be it further ordained, That the revisions shown 

on amended Exhibit 4, Property Acquisition Map, dated are 

approved. 

Section 6. And be it further ordained, That the revisions 
reflecting the change of Disposition Lot B to Disposition Lot 34 and the 
addition of Disposition Lot 23 to Disposition Lot 34 on amended Exhibit 5, 
Land Disposition Map, dated are approved. 

Section 7. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 8. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 9. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 10. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



408 



1 997- 1 998 Session Ord. 98-338 



City of Baltimore 
Ordinance 98-338 
Council Bill 98-697 

An Ordinance Concerning 

Urban Renewal — Upton — 
Amendment 12 

FOR the purpose of amending the Urban Renewal Plan for Upton to revise 
the boundary description for the Plan, amend the statement of 
objectives and reasons for the Plan, amend provisions for permitted 
land uses in residential districts, amend standards for land to be 
acquired, amend provisions for project proposals, amend Appendix C of 
the Plan regarding the Pennsylvania Avenue Business District, add a 
new Appendix D listing additional properties for acquisition and 
disposition, and to replace certain Exhibits to reflect changes in the 
Plan; waiving certain content and procedural requirements; making the 
provisions of this Ordinance severable; providing for the application of 
this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for Upton was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 70-794 and last 
amended by Ordinance 86-847. 

An amendment to the Urban Renewal Plan for Upton is necessary to 
revise the boundary description for the Plan, amend the statement of 
objectives and reasons for the Plan, amend provisions for permitted land 
uses in residential districts, amend standards for land to be acquired, amend 



409 



Ord. 98-338 1997-1998 Session 



provisions for project proposals, amend Appendix C of the Plan regarding 
the Pennsylvania Avenue Business District, add a new Appendix D listing 
additional properties for acquisition and disposition, and to replace certain 
Exhibits to reflect changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for are 
approved: 

(1) On pages 1 and 2 of the Plan in B. DESCRIPTION OF PROJECT , 
amend 1 . Boundary Description to read as follows: 

1. Boundary Description 

Beginning for the same at the intersection of the northwest side 
of Bloom Street and the northeast side of Division Street; 
thence continuing on the northeast side of Division Street; 
southeasterly 1,191, feet, more or less, to the northwest side of 
Laurens Street; thence continuing on the northwest side of 
Laurens Street, northeasterly 67 1 feet, more or less, to the 
southwest side of McCulloh Street, thence continuing on the 
southwest side of McCulloh Street southeasterly 2,457 feet, 
more or less, to the southeast side of Dolphin Street; thence 
continuing on the southeast side of Dolphin Street, 
southeasterly 949 feet, more or less, to the southwest boundary 
of the parcel known as McCulloh Homes Extension; thence 
continuing on said southwest boundary of McCulloh Homes 
Extension generally, southeasterly 970 feet, more or less, to the 
northwest side of Preston Street; thence continuing on the 
northwest side of Preston Street, northeasterly 767 feet, more or 
less, to the northeast side of Druid Hill Avenue; thence 
continuing on the northeast side of Druid Hill Avenue, 
southeasterly 453 feet, more or less, to the northwest side of the 
parcel known as lot 1 2 of the Mount Royal Plaza Urban 
Renewal Area; thence continuing on the extension of the 
northwest side of said parcel, southwesterly 62 feet, more or 
less, to the southwest side of Druid Hill Avenue; [thence 
continuing on the southwest side of Druid Hill Avenue, 



410 



1 997- 1 998 Session Ord. 98-338 



southeasterly 1 78 feet, more or less, to the southeast side of 
Biddle Street; thence continuing on the southeast side of Biddle 
Street, southwesterly 1 ,236 feet, more or less, to the southwest 
side of Argyle Avenue; thence continuing on the southwest side 
of Argyle Avenue northwesterly 969 feet, more or less, to the 
southeast side of Hoffman Street; thence continuing on the 
southeast side of Hoffman Street southwesterly 299 feet, more 
or less, to the northeast side of Myrtle Avenue; thence 
continuing on the northeast side of Myrtle Avenue, 
southeasterly 125 feet, more or less, to the extended center line 
of Harlem Avenue; thence continuing on the center line of 
Harlem Avenue, westerly 260 feet, more or less, to the 
alignment of the center line of Brune Street; thence continuing 
on the alignment of the center line of Brune Street, southerly 
584 feet, more or less, to the south side of George Street; 
thence continuing on the south side of George Street, westerly 
426 feet, more or less, to the northeast side of Fremont Avenue; 
thence continuing on the northeast side of Fremont Avenue, 
northwesterly 1,583 feet, more or less, to the north side of 
Lafayette Avenue;] THENCE CONTINUING ON THE southwest 
side of Druid Hill Avenue, southeasterly 1 04 feet, more 
or less, to the northwest side of Martin Luther King, Jr. 
Boulevard; thence continuing on the northwest side of 
Martin Luther King, Jr. Boulevard the eight following 
courses; namely, southwesterly 639 feet, more or less, 
northwesterly 4 feet, more or less, southwesterly 20 

FEET, MORE OR LESS, SOUTHEASTERLY 4 FEET, MORE OR LESS, 

southwesterly 125 feet, more or less, southeasterly 4 
feet, more or less, southwesterly 1 5 feet, more or less, 
and southwesterly 66 feet, more or less, to the 
southwest side of pennsylvania avenue; thence 
continuing on the northwest side of martin luther 
King, Jr. Boulevard the three following courses; 
namely, southwesterly 15 feet, more or less, 
northwesterly 7 feet, more or less, southwesterly 288 
feet, more or less, to the northwest side of argyle 
Avenue, and southwesterly 60 feet, more or less, to the 

SOUTHWEST SIDE OF ARGYLE AVENUE; THENCE CONTINUING ON 
THE NORTHWEST SIDE OF MARTIN LUTHER KING, JR. 

Boulevard the three following courses; namely, 
southwesterly 1 83 feet, more or less, northwesterly 19 
feet, more or less, and southwesterly 58 feet, more or 
less, to the line of the north side of george street 



41 



Ord. 98-338 1997-1998 SESSION 



projected easterly; thence continuing reversely on the 
line of the north side of george street so projected, 
westerly 75 feet, more or less, to the northeast side of 
Myrtle Avenue; thence continuing by a straight line 
southerly 60 feet, more or less, to the intersection of 
the south side of george street and the west side of 
Martin Luther King, Jr. Boulevard; thence continuing 
on the west side of martin luther king, jr. boulevard 
southerly 1 76 feet, more or less, to the west side of 
Franklin Street; thence continuing on the west and 
north sides of franklin street the four following 
courses; namely, southwesterly 7 feet, more or less, 
southwesterly 73 feet, more or less, southeasterly 8 

FEET, MORE OR LESS, SOUTHWESTERLY 62 FEET, MORE OR LESS, 

and westerly 939 feet, more or less, to the northeast 
side of Fremont Avenue; thence continuing on the 
northeast side of fremont avenue, northwesterly 1 ,890 
feet, more or less, to the north side of lafayette 
Avenue; thence continuing on the north side of Lafayette 
Avenue, westerly 70 feet, more or less, to the southwest side of 
Fremont Avenue; thence continuing on the southwest side of 
Fremont Avenue, northwesterly 741 feet, more or less, to the 
south side of Riggs Avenue; thence continuing on the south 
side of Riggs Avenue, westerly 1 14 feet, more or less, to the 
west side of Arlington Avenue; thence continuing on the west 
side of Arlington Avenue northerly 303 feet, more or less, to 
the southwest side of Fremont Avenue; thence continuing on 
the southwest side of Fremont Avenue, northwesterly 1 ,860 
feet, more or less, to the extension of the northwest side of 
Bloom Street; thence continuing on the northwest side of 
Bloom Street, northeasterly 517 feet, more or less, to the point 
of beginning. 

(2) On page 2 of the Plan, in B. DESCRIPTION OF PROJECT , 
amend subsection 2. Objectives and Reasons for the Various 
Provisions of this Plan to read as follows: 

2. Objectives and Reasons for the Various Provisions of this 
Plan 



a. Objectives 



412 



1 997- 1 998 Session Ord. 98-338 



(1) To achieve a good residential neighborhood for 
persons living in the Upton Project Area and for 
other persons [with similar income and social 
characteristics as documented in the report, The 
People of Upton , dated 1969]; 

(2) To remove substandard buildings and to eliminate 
blighting influences especially as they affect the 
residential uses; 

(3) To provide through clearance and redevelopment 
and through rehabilitation a substantial number of 
housing units within the means of low and 
moderate income families; 

(4) To keep to a minimum the involuntary 
displacement of individuals and families by 
providing, wherever [possible] feasible, for 
residential rehabilitation; 

(5) To provide maximum opportunities for home 
ownership through the use of all available 
programs; 

(6) To provide improved neighborhood shopping 
facilities both through new construction and 
through rehabilitation; 

(7) To provide land for various public facilities such 
as schools, [a mall, commons (i.e.] recreation and 
park areas [)], and neighborhood centers; 

(8) To [alleviate the impact of automobile and truck 
traffic on the neighborhood and to strengthen 
pedestrian movement by means of a system of 
walkways throughout the neighborhood] 
reconnect the former murphy homes and 
Emerson Julian Gardens public housing sites 
to the rest of the neighborhood and to 
create a new gateway to west baltimore 
through their redevelopment; 



413 



Ord. 98-338 1 997- 1 998 SESSION 



(9) To protect the neighborhood from future blighting 
influences; 

(10) To CONTINUE TO provide for the residents of 
Upton [, based upon the Department of Planning' s 
April 1971 Community Facilities and Services 
component of the City's Comprehensive Policy 
Plan,] such community facilities as multi-service 
centers, Mayor's stations, social service centers, 
and libraries, [which would be] located in the 
general vicinity of the Furman L. Templeton 
public school. 

b. Reasons 

(1) Existing land use within the project is 
predominantly residential [,]; [Renewal] renewal 
objectives can best be achieved by the 
rehabilitation and redevelopment of the area for 
residential use AT LOWER DENSITIES. 

(2) Clearance and redevelopment areas are proposed 
in order to remove concentrations of blight and to 
curtail deteriorating influences. 

(3) Structures are proposed for rehabilitation ON 
BLOCKS where survey data has indicated that [they] 
THERE ARE RELATIVELY FEW VACANT AND 
DETERIORATED STRUCTURES AND WHERE THE 
STRUCTURES TO BE REHABILITATED are basically 
sound and appropriate for residential use. 

[To increase the number of structures that can be 
rehabilitated economically, and to provide 
additional environmental improvements, the 
Plan calls for the acquisition of groups of 
properties in certain blocks to be rehabilitated by 
the Department of Housing and Community 
Development]. 



414 



1997-1998 Session Ord. 98-338 



(4) Structures are proposed for commercial 
rehabilitation where survey data have indicated 
that they are basically sound and appropriate for 
continued commercial use. 

(5) Open space and recreational facilities within the 
project have been shown to be deficient. The Plan 
proposes [significant increases in public park 
and playground land (i.e., commons)] A new 
commons area on the site of the samuel 
Perkins Spring Park as a focal point of the 
Murphy Homes/Emerson Julian Gardens 
redevelopment and, in addition, through 
coverage and landscape requirements will insure 
the provision of open space within disposition lots. 

(6) The Plan proposes the [closing] re-opening of a 
few streets previously closed off with [and the 
construction of] a series of cul-de-sacs in order 

to [provide dential and park/recreation uses and in 
order to create an environment more appropriate to 
residential land use] CONNECT the redeveloped 

PUBLIC HOUSING SITES TO THE REST OF THE LARGER 
NEIGHBORHOOD. 

(7) The Plan proposes to reduce an excessive amount 
of commercial land uses along Pennsylvania 
Avenue and to provide specific exterior 
commercial rehabilitation standards for the 
Pennsylvania Avenue Business District designed 
to upgrade the store facades of this neighborhood 
shopping area around the [Lafayette] Avenue 
Market. The commercial environment will be 
further enhanced by [new] improvements TO 
streets, sidewalks, [trees, benches,] lighting, and 
[landscaped] plazas. 

(8) Certain changes in zoning uses have been 
proposed in order to permit the land uses proposed 
by the Plan and to protect the project from 
possible future blighting influences. 



415 



Ord. 98-338 1997-1998 Session 



(3) On pages 4 through 6 of the Plan, in C. LAND USE PLAN . 2. 
Land Use Provisions and Standards , a. Permitted Uses , strike 
subparagraph (1) Residential in its entirety and substitute the 
following: 

(1) Residential 

Uses as permitted by the applicable provisions of the 
Zoning Ordinance of Baltimore City, except that 
the following uses shall not be permitted: rooming 
and boarding houses for three or more roomers; 
non-profit homes for the rehabilitation of non- 
bedridden alcoholic persons and for the care and 
custody of homeless persons; drug abuse 
rehabilitation and treatment centers; community 
correction centers. 

(4) On pages 9 and 10 of the Plan in C. LAND USE PLAN , 2. 
Land Use Provisions and Standards , b. Regulations, Controls 
and Restrictions on Land to be Acquired , (2) Provisions 
applicable to all land to be acquired within areas proposed for 
clearance and redevelopment , (a) General provisions , amend 
paragraph viii to read as follows: 

viii. Signs 

(a') Residential and Public Disposition Lots 

No signs other than those identifying the structure 
upon which they are installed or identifying the use 
conducted therein shall be permitted. No sign shall 
extend above the roof line or parapet wall of the 
building to which it is attached. No sign shall project 
more than 12 inches from the building to which it is 
attached. No free standing sign shall be permitted. 

No animated or pulsating sign shall be permitted. The 
total area of exterior signs for each building shall not 
exceed in gross area [one (1)] 1 foot times the street 
frontage, in feet, of the building. 

On disposition Lot 73, one free standing sign, single or 
double-faced, not more than 12 inches in thickness, 



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1 997- 1 998 Session Ord. 98-338 



shall be permitted to designate the parking facility, in 
which case the sign shall not be greater in area per 
single face than 10 square feet nor extend more than 5 
feet above grade level and shall be located entirely 
within the lot lines. 

(b') Commercial Disposition Lots 

No signs other than those identifying the structure 
upon which they are installed or identifying the use 
conducted therein shall be permitted; except that [on 
Commercial Disposition Lot 106 and] one free- 
standing single or double-faced sign shall be permitted 
on Commercial Disposition Lot 106 not to exceed 
40 square feet in size per face[, identifying the Lot as 
an automobile service station or a commercial center]; 
this sign shall extend no more than 1 8 feet above grade 
level and shall be located entirely within the lot lines. 

All other signs shall be installed upon buildings and 
shall not extend above the roof line or parapet wall of 
the building to which it is attached, and shall not 
project more than 12 inches from the building to which 
it is attached. One sign shall be permitted for each 
principal use. The total area of signs not free standing 
shall not exceed [two (2)] 3 feet times the street 
frontage, in feet, of the buildings, provided that in no 
case shall the total area of signs for each principal use 
exceed an area of 300 square feet. No animated or 
pulsating signs shall be permitted. 

On each of the Disposition Lots 21, 23, and 54, limited 
to off-street parking, one free standing single- or 
double-faced sign shall be permitted. The maximum 
size per face of each sign shall be 20 square feet for the 
portion of the sign identifying the parking lot, plus 2.0 
square feet for each commercial establishment 
identified thereon not to exceed 30 square feet, or a 
combined total of 50 square feet. This sign shall 
extend no more than 1 8 feet above grade level and 
shall be located entirely within the lot lines and shall 
not be animated or pulsating. 



417 



ORD. 98-338 1997-1998 SESSION 



[Signs for the purpose of directing motorists to the 
entrance of an off-street parking area shall be 
permitted on the sides of buildings. Such signs shall 
not exceed 6 square feet in area and shall be limited to 
one (1) per building.] 

(5) On page 10 of the Plan, in C. LAND USE PLAN . 2. Land Use 
Provisions and Standards , b. Regulations, Controls and Restrictions 
on Land to be Acquired , (2) Provisions applicable to all land to be 
acquired within areas proposed for clearance and redevelopment , 
(b) Residential Disposition Lots , ii. Standards , amend paragraph 
(a') to read as follows: 

(a') Within the areas designated Residential on the Land Use 
Plan, Exhibit 2, [residential] uses AND BULK REGULATIONS 
PER THE APPLICABLE CATEGORY OF THE ZONING 

Ordinance of Baltimore City shall be [limited to the 
following housing types:] FOLLOWED. 

[R-1A Row Houses 

R-1B Row Houses 

R-2 Walk-up apartments 

R-3 Walk-up apartments and row houses 

R-4 Elevator apartments] 

(6) On pages 1 1 through 12 of the Plan, in C. LAND USE PLAN , 2. 
Land Use Provisions and Standards , b. Regulations, Controls and 
Restrictions on Land to be Acquired , (2) Provisions applicable to 
all land to be acquired within areas proposed for clearance and 
redevelopment , (b) Residential Disposition Lots , ii. Standards , 
strike paragraphs (b') through (g') in their entirety and redesignate 
paragraphs (h') through (k'), respectively, to be paragraphs (b') 
through (e'), respectively. 

(7) On page 20 of the Plan, in C. LAND USE PLAN , 2. Land Use 
Provisions and Standards , b. Regulations, Controls and Restrictions 
on Land to be Acquired , (3) Provisions applicable to land to be 
acquired within rehabilitation areas , (b) Properties to be acquired 
for rehabilitation , amend paragraph iii. to read as follows: 



418 



1 997- 1 998 Session Ord. 98-338 



iii. New Residential Construction 

Construction of new residential units will be permitted on 
vacant land [and/]or land cleared by demolition occurring 
under Section C.2.b. (3)(b)ii. above subject to the 
[following controls:] applicable provisions of the 
Zoning Ordinance of Baltimore City and subdivision 
and development plan approval by the baltimore 
City Planning Commission. 

[(a') Maximum permissible density for each lot shall not 
exceed 58 dwelling units per net residential acre. 

(b') Maximum land coverage for each to shall not exceed 
60 percent. In computing land coverage all accessory 
structures shall be included. 

(c') Maximum building height shall be 35 feet. 

(d') Each lot shall have a rear yard with a minimum depth 
of 25 feet. 

(e') No setback shall be required. 

(f )] All land of each lot not covered by structures, paved 
parking areas, pedestrian walks, or decorative surface 
treatments shall be landscaped. All landscaping is to 
be maintained in good condition by the property 
owner. 

(8) On pages 20 and 21 of the Plan, in C. LAND USE PLAN , 2. Land 
Use Provisions and Standards , b. Regulations, Controls and 
Restrictions on Land to be Acquired , (3) Provisions applicable to 
land to be acquired within rehabilitation areas , (b) Properties to be 
acquired for rehabilitation , strike paragraphs iv. and v. in their 
entirety. 

(9) On page 21 of the Plan, in C. LAND USE PLAN , 2. Land Use 
Provisions and Standards , b. Regulations, Controls and Restrictions 
on Land to be Acquired , (3) Provisions applicable to land to be 
acquired within rehabilitation areas , strike paragraph (c) Other 
properties to be acquired and sold: in its entirety. 



419 



Ord. 98-338 1997-1998 Session 



(10) On page 28 of the Plan, in D. PROJECT PROPOSALS , amend 
subsection 3. Statement of Proposals to Provide Low and Moderate 
Income Housing: to read as follows: 

3. Statement of Proposals to Provide Low and Moderate Income 
Housing: 

[a.] On project land to be disposed of for residential uses, a 
predominant amount of all dwelling units permitted by this 
Plan shall be for low and moderate income families. The 
Department of Housing and Community Development, in 
overseeing the development of this low and moderate 
income housing, shall utilize all applicable LOCAL, State, 
and Federal programs for assisting in its construction. 

[b. On project land to be disposed of for construction of new 
residential units, approximately 50% of the new units 
provided should be offered to low income families as 
public housing units through the combined use of the 
leased public housing program, the conventional public 
housing construction on scattered sites, or any other public 
housing program. 

c. On Project land disposed of for the construction of new 
residential units wherein Section 236 of the Federal 
Housing and Urban Development Act of 1968 is utilized, 
full use of rent supplement assistance shall be provided.] 

(11) On page 30 of the Plan, in D. PROJECT PROPOSALS , in 6. 
Relocation , amend paragraph b. to read as follows: 

b. The Department of Housing and Community Development 
assures that before individuals or families are displaced from 
their dwelling units due to the requirements of the Plan, 
standard housing within the displacees' financial means shall 
be provided. [Such standard housing if it is desired by the 
displacees shall be provided either within the Upton Project or 
within an area surrounding Upton as would be defined by 
approximately a two mile distance from the Project.] 

(12) On page 38 of the Plan, in Appendix C, amend Section 1: 
Properties Within the Pennsylvania Avenue Business District to 
read as follows: 



420 



1997-1998 Session 



Ord. 98-338 



APPENDIX C 

PENNSYLVANIA AVENUE BUSINESS DISTRICT: 
PROPERTIES AND EXTERIOR REHABILITATION STANDARDS 



SECTION 1 : Properties Within the Pennsylvania Avenue Business 
District 

The following properties constitute the Pennsylvania Avenue 
Business District as of the effective date of the ordinance approving 
Amendment No. [9] 12 to this Plan. 



Laurens Street 


Pennsvlvania Avenue 


576 


1723 


578 


1725 


580 


1727 


583 


1729 


602 


1731/33 


604/08 


1735 


614/16 


1737 


618 


1800-02 


620 


1804 




1806-08 


Pennsvlvania Avenue 


1810 


1501-07 (Disposition Lot [51] 50) 


1812 


1 509 (Disposition Lot 50) 


1814 


1511 (Disposition Lot 50) 


1816 


1513 (Disposition Lot 50) 


1818-20 


1515 (Disposition Lot 50) 


1822 


1517-19 (Disposition Lot 50) 


1824 


1521 (Disposition Lot 50) 


1832 


1 523 (Disposition Lot 50) 


1801 


1 525 (Disposition Lot 50) 


1803-05 


1 527 (Disposition Lot 50) 


1807 


1 529 (Disposition Lot 50) 


1809 


1 531/33 (Disposition Lot 50) 


1809% 


1535-43 (Disposition Lot 50) 


1811 


1 622-26 (Disposition Lot 27B) 


181 IV2 


1 628-34 (Disposition Lot 27 A) 


1813 


1636-38 (Disposition Lot 26) 


1815 


1640 


1817 


1601-35 (Disposition Lot 36) 


1819 



421 



Ord. 98-338 1997-1998 Session 



1637 


1819% 


1639/41 


1821 


1643 


1823 


1700 


1825 


1701/03 


1827 


1705 


1829/31 


1707/09 


1833 


1711 


1835 


1713/17 


1837 


1719 


1839 


1721 


1841 


(13) On pages 


39 and 40 of the Plan, in Appendix C. Section 2: 


Exterior Rehabilitation Standards, amend subsections A. Building 


Fronts and Sides Abutting Streets and B. Awnings to read as 


follows: 






APPENDIX C 


PENNSYLVANIA AVENUE BUSINESS DISTRICT: EXTERIOR 




REHABILITATION STANDARDS 


SECTION 2: Exterior Rehabilitation Standards 



In addition to Section D.2.C., the following additional standards 
shall be applied to all non-residential properties, whether occupied 
or vacant, within the Pennsylvania Avenue Business District. 



A. Building Fronts and Sides Abutting Streets 

(1) All defective structural and decorative elements of building 
fronts and sides abutting streets shall be repaired or 
replaced in a workmanlike manner to match as closely as 
possible the original materials and construction of that 
building. All damaged, sagging, or otherwise deteriorated 
storefronts, show windows or entrances shall be repaired or 
replaced. 

(2) All show window elements must be located within 13 feet 
of grade on buildings proposed for construction or 



422 



1 997- 1 998 Session Ord. 98-338 



substantial rehabilitation subsequent to the effective date of 
the ordinance approving Amendment No. 9 to this Plan. 

(3) Storefronts on single story buildings shall be designed for 
the full height to the cornice unless existing traditional 
architectural elements are present, in which case the new 
construction shall be harmonious with those elements. 
Cornice lines shall be maintained. 

(4) Adjoining buildings used by the same occupant shall be 
rehabilitated in a unified and harmonious manner. Each 
building shall be rehabilitated and repaired with materials 
and in a manner consistent with the original construction 
techniques where feasible. 

(5) Non-metal grilles and screens shall be prohibited. All 
screens and grilles shall be opened or removed during the 
normal business hours of that business. 

(6) Show windows shall not be painted for advertising 
purposes, but may be painted for authorized identification 
of the place of business when authorized by the 
Department of Housing and Community Development. 

(7) No temporary or permanent sign affixed or placed against 
the inside surface of a show window shall exceed 20% of 
the area of that show window. 

(8) Decalcomanias one square foot or less in area may be 
affixed to show windows or entrance door windows when 
same are supplied by credit card companies [and carry no 
text or message other than the identification of such 
companies]. 

(9) New storefront designs must contain show windows. 
These windows must have sills no higher than 36" above 
the sidewalk. The amount of window area of an existing 
storefront must not be reduced unless approved by the 
Commissioner of the Department of Housing and 
Community Development. Show windows may be backed 
by a solid surface only if it is incorporated into a display 
window. Existing closed up storefronts must be changed to 
conform to the above conditions. 



423 



Ord. 98-338 1997-1998 Session 



(10) Shutters may be provided on windows above the first 
floor level in the front of the buildings. They shall be 
constructed of wood and affixed to window frames with 
hinges and TO the wall [by either a metal latch or be held 
permanently open (fastened to the wall)] with metal 
SHUTTERDOGS. Fixed, closed WOOD shutters may be used 
on upper floors or side windows as an alternative to 
blocking in or securing such [window] windows. In such 
CASES, THE SHUTTERS MUST FIT THE SIZE OF THE FRAMED 
OPENINGS, WITH NO INFILLING ALLOWED. WITH THE 
EXCEPTION OF THE APPLICATION OF APPROVED CLOSED 
WOOD SHUTTERS, NO OTHER COLORING, CHANGING OF THE 
SIZE, OR ALTERATION OF UPPER FLOOR WINDOWS ON THE 
FRONT FACADES SHALL BE ALLOWED. The use of shutters 

shall be approved prior to installation by the Department of 
Housing and Community Development and shall not be 
allowed in cases where shutters would be unharmonious 
with the design of the building. 

(11) All exterior front or side walls which have not been 
wholly or partially resurfaced or built over shall be repaired 
and cleaned or painted in an acceptable manner. Brick 
walls shall be pointed where necessary. EXISTING 

UNPAINTED FACADES SHALL NOT BE PAINTED. [Painted 

masonry walls] Existing painted facades shall have 
loose material removed and be painted [a single color 
except for trim which may be another color] A neutral OR 
RED BRICK COLOR. Patched walls shall match the existing 
adjacent surfaces as to materials, color, bond, and 
joining. ALL WOOD TRIM SUCH AS CORNICES, WINDOWS, 

doors, and storefronts shall be painted an approved 
color that is compatible with the current color 
scheme of The Avenue Market. 

(12) Materials used on storefronts shall be consistent with the 
character of other buildings in the Business Area as well as 
other materials used on the building itself. Other factors 
such as durability, ease of maintenance, and historical 
accuracy of materials shall be considered in relation to 
future material installations. Formstone, aluminum OR 
VINYL siding, real or simulated woodshakes, pebble-faced 
plywood, z-brick, or any other material not approved by the 
Commissioner of the Department of Housing and 



424 



1997-1998 Session Ord. 98-338 



Community Development, shall not be permitted for any 
future use. Existing corrugated metal facing shall be 
cleaned, or, with approval of the Commissioner, painted [a 
duranodic bronze] AN approved color. Corrugated metal 
facing may be used in the future provided it is of a 
duranodic bronze finish. Existing aluminum OR vinyl 
siding shall be removed. Projecting mansard style 
overhangs are not permitted. 

(13) Dormer windows on roofs sloping toward the shopping 
street shall be [treated in accordance with the same criteria 
as building fronts] retained and restored. Dormer 

WINDOWS ON THE FRONTS OF BUILDINGS SHALL NOT BE 
REMOVED OR COVERED UNLESS A PART OF AN APPROVED 
RENOVATION PLAN. 

(14) Existing miscellaneous elements on the building fronts, 
such as empty electrical or other conduits, unused sign 
brackets, etc., shall be eliminated. 

(15) Sheet metal gutters and downspouts shall be repaired or 
replaced as necessary and shall be neatly located and 
securely installed. Gutters and downspouts shall be 
painted to harmonize with the other building front colors. 

(16) No new mechanical equipment shall be allowed to project 
through building fronts. 

(17) No dumpsters or rubbish containers shall be exposed at 
the fronts of buildings except those specifically designed 
and intended for public use. 

B. Awnings 

[(a)] (1) Soft, retractable awnings are encouraged over the first 
floor and on the upper floors over windows only. 

[(b)] (2) [They] Storefront awnings must be flameproofed. 

[( c)] (3) [They] STOREFRONT AWNINGS shall not project more 
than [seven (7)] 7 feet from the building front (3 FEET ON 
UPPER FLOOR windows) and shall otherwise conform with 
the provisions of City ordinances. 



425 



Ord. 98-338 1 997- 1 998 Session 



[(d)] (4) [They] Storefront awnings shall terminate against 
the building at a height not to exceed [thirteen (13)] 13 feet 
above pavement, or one inch below the second floor 
window sill, whichever is lower. 

[(e)] (5) Rigid or fixed awnings, sunscreens, or permanent 
canopies are not permitted on any portion of the building 
front. 

(6) Awning color must coordinate with the color 
scheme of the building. 

(14) On pages 41 and 42 of the Plan, in Appendix C, Section 2: 
Exterior Rehabilitation Standards, amend subsections F. Rear 
Yards , G. Signs , and H. Lighting to read as follows: 

F. Rear Yards 

Where a rear yard exists or is created through the demolition of 
structures, the owner shall condition the open area in one of 
two ways as outlined below: 

(1) Enclosure of Yards 

A rear yard may be enclosed along side and rear property 
lines by a black vinyl-coated chain link fence or by a 
masonry wall, consistent and harmonious in design with 
the rear walls of the building. Solid doors or solid gates 
may be used to the extent necessary for access and 
delivery. Such walls must be not less than [five] 3 feet nor 
more than [five feet six inches] 6 FEET in height. Use of 
barbed wire or broken glass on top of walls shall not be 
permitted. 

(2) Provision of Parking Area 

An unenclosed rear yard may be used as a parking or 
loading area providing that it is properly paved, illuminated 
and maintained. A sign not exceeding [six (6)] 6 square 
feet may be used to identify and control parking and 
loading. The building occupant shall be responsible for 
maintenance of the parking area in a neat and clean 
manner. No storage of trash containers shall be allowed in 



426 



1997-1998 SESSION ORD. 98-338 



this area except when housed in permanent structures of 
acceptable design. 

G. Signs 

( 1 ) no billboards of any kind shall be permitted. 

(2) Roof top signs, signs above the parapet of the 
building, flashing signs or moving signs, except 
barber poles, shall not be permitted. 

(3) Flat signs placed parallel to the building face 
shall not exceed 3 square feet of area for every 
linear foot of frontage. 

(4) a flat sign on the side and front of a building is 
permitted provided that the total square footage 
of all signs does not exceed 2 square feet of area 
for every linear foot of frontage. 

(5) One sign, not exceeding 6 square feet in area, shall 
be permitted for the identification of delivery 
entrances. 

(6) Existing signs may remain, provided they conform to this 
Plan. No signs other than those identifying the property 
where they are installed or identifying the use conducted 
therein shall be permitted. Advertising by material or 
product manufacturers shall not be permitted except as 
primary identification of an establishment. A logo 
(decorative initial, trademark, symbol, etc.) may also be 
used as part of the sign. 

(7) All lighting and electrical elements such as wires, conduits, 
junction boxes, transformers, ballasts, switches and panel 
boxes shall be concealed from view as much as possible. 

(8) Lettering applied to ground floor show windows or 
entrance doors shall not exceed [two and one-half (2 Vi)] 
2Vi inches in height, and the text limited to identification 
of the business. Signs identifying the occupant shall be 



427 



ORD. 98-338 1997-1998 SESSION 



permitted at rear entrance doors but shall not exceed [six] 6 
square feet in size, except where authorized by the 
Department of Housing and Community Development. 

(9) Marquees shall not be allowed on buildings other than 
existing operating theatres. 

(10) [No projecting signs shall be permitted on any portion of 
a building. All existing projecting signs including brackets 
and hardware shall be removed.] Projecting signs may 
be permitted, subject to approval by the department 
of Housing and Community Development and the 
Department of Public Works , provided that they do 
not exceed 6 square feet in area and that they are 
located below second floor window sills (where 

WINDOWS EXIST) OR AT A HEIGHT NO GREATER THAN 14 

FEET above sidewalk level. Projecting flexible banners 
shall be permitted above the first floor with a limit of one 
per building. Banners may only include graphic symbols 
and must be free of verbiage. The design of all banners 
must be reviewed and authorized by Department of 
Housing and Community Development prior to installation. 

(11) All existing free-standing signs may remain 
provided they are in good condition. those in need 
of repair shall be repaired with approval by the 
Department of Housing and Community 
Development or shall be removed. New free- 
standing signs may be erected with City approval, 
but in no case shall they exceed a height of 1 5 feet. 

H. Lighting 

(1) The following lighting methods are not permitted: 

(a) Exposed flourescent lighting. 

(b) Exposed quartz or mercury vapor lamps. 

(c) Exposed incandescent lamps other than low wattage, 
purely decorative lighting. 



428 



1997-1998 Session Ord. 98-338 



(2) The following lighting methods are permitted: 

(a) Fully recessed downlights or wallwashers in projecting 
metal box. Box must run full length of storefront at 
top of sign area. 

(b) Shielded flourescent lamps with diffusers in projecting 
metal box. Box must run full length of storefront at 
top of sign zone. 

(c ) "Gooseneck incandescents", porcelain enamel 

reflector on bent metal tube arm. Housing to prevent 
glare at pedestrian eyeline. 

(d) Internally illuminated [(except projecting signs)] or 
back-lit (halo) letters. 

(15) On pages 42 and 43 of the Plan, in Appendix C, Section 2: 

Exterior Rehabilitation Standards, amend subsections J. Off-Street 
Parking Requirements and K. Periods of Compliance to read as 
follows: 

J. Off-Street Parking Requirements 

(1) Parking spaces shall be provided on all lots for 
development as established in the Zoning Ordinance of 
Baltimore City, or in such lesser amount as may be 
authorized by the Board of Municipal and Zoning Appeals 
as a Special Exception or Variance. In addition to these 
requirements, off-street parking areas shall be visually 
screened from public streets and adjacent properties. 

(2) All required parking spaces shall be provided with the 
proper ingress and egress to a public street or ally by 
means of access drives and aisles. 

(3) All parking facilities shall be effectively screened. 
Screening shall consist of a masonry wall or durable, 

PAINTED, DECORATIVE, METAL PICKET fence, or 
combination thereof, not less than [four (4)] 4 feet in 
height[; in lieu of such wall or fence, a compact evergreen 
hedge of not less than four (4) feet in height at time of 
original planting may be used]. Screening and landscaping 



429 



Ord. 98-338 1997-1998 SESSION 



shall be maintained in good condition and shall be so 
designed and placed so as not to obstruct vehicle sight 
distances at entrances and exits. The design of the lot 
screening shall be approved by the Department of Housing 
and Community Development. 

(4) All exterior (surface) parking areas shall be paved with a 
hard, dust-free surface, and shall be properly illuminated. 

K. Periods of Compliance 

( 1 ) To the extent that rehabilitation requirements for 
commercial uses are specifically applicable to the 
Pennsylvania Avenue Business District and are not 
generally required elsewhere, the work necessary to meet 
such requirements shall be completed [by December 3 1 , 
1982] within 1 year of the enactment of Amendment 
No. 12 OF this plan. No work, alterations or 
improvements shall be undertaken after enactment of the 
ordinance approving Amendment No. [9] 1 2 to this Plan 
which do not conform with the requirements herein. 

(2) Nothing herein shall be construed to permit any sign, 
construction, alteration, change, repair, use, or any other 
matter otherwise forbidden or restricted or controlled by 
any other public law. 

(16) At the end of the Plan, add new Appendix D to read as follows: 

APPENDIX D 

PROPERTIES FOR ACQUISITION AND DISPOSITION FOR 
REHABILITATION OR REDEVELOPMENT 

In addition to those groups of properties to be acquired and 
disposed of for redevelopment (designated as Disposition s 123, 
124, 125, 1 17, 109, 102, 100, 101C, 1 15, 59, 80, 91, 90, 78, 75, 
1 15A, 101B, 88, 60B, 50, 1 IB, 10A, 10B, 1 1C ) the following 
properties will be acquired and disposed for rehabilitation or 
redevelopment. Certain properties listed below may be used, in 
whole or in part, as rear or side yard space for adjacent rehabilitated 
housing. 



430 



1997-1998 Session Ord. 98-338 

601 North Fremont Avenue 
837 Edmondson Avenue 
835 Edmondson Avenue 
606 Brune Street 
608 Brune Street 
610 Brune Street 
612 Brune Street 
614 Brune Street 

922 Pennsylvania Avenue (partial) 
921 Argyle Avenue 

923 Argyle Avenue 
925 Argyle Avenue 
927 Argyle Avenue 
929 Argyle Avenue 
93 1 Argyle Avenue 
1001 Argyle Avenue 
1 003 Argyle Avenue 
1005 Argyle Avenue 
1007 Argyle Avenue 
1 009 Argyle Avenue 
1011 Argyle Avenue 
1013 Argyle Avenue 
1015 Argyle Avenue 
1 147 Argyle Avenue 
1145 Argyle Avenue 
1 143 Argyle Avenue 



431 



ORD. 98-338 



1997-1998 Session 



1 1 37 Argyle Avenue 
1 135 Argyle Avenue 
1 133 Argyle Avenue 
1131 Argyle Avenue 
1 1 29 Argyle Avenue 
1 1 25 Argyle Avenue 
1119 Argyle Avenue 
1117 Argyle Avenue 
1115 Argyle Avenue 
1113 Argyle Avenue 
1111 Argyle Avenue 
1 107 Argyle Avenue 
1 105 Argyle Avenue 

1101 Argyle Avenue 
600-630 West Preston Street 
1055 Argyle Avenue 

1057 Argyle Avenue 
1059 Argyle Avenue 
1061 Argyle Avenue 
1063 Argyle Avenue 
1065 Argyle Avenue 
1067 Argyle Avenue 
1 069 Argyle Avenue 
1071 Argyle Avenue 
1 100 Myrtle Avenue 

1 102 Myrtle Avenue 



432 



1 997- 1 998 Session Ord. 98-338 

1 104 Myrtle Avenue 
644 West Hoffman Street 
642 West Hoffman Street 
640 West Hoffman Street 
638 West Hoffman Street 

1100 Argyle Avenue 
1102 Argyle Avenue 
1 104 Argyle Avenue 
1 106 Argyle Avenue 
1110 Argyle Avenue 
1112 Argyle Avenue 
1116 Argyle Avenue 
1118 Argyle Avenue 
1 1 20 Argyle Avenue 
1 1 22 Argyle Avenue 
1 1 24 Argyle Avenue 
1 1 26 Argyle Avenue 
1 1 30 Argyle Avenue 
1 1 34 Argyle Avenue 
1 1 36 Argyle Avenue 
1 138 Argyle Avenue 
1 140 Argyle Avenue 
1 144 Argyle Avenue 
1 146 Argyle Avenue 
1 148 Argyle Avenue 

1 101 Vi Argyle Avenue 



433 



Ord. 98-338 1997-1998 Session 

1101 Argyle Avenue 
1 237 Argyle Avenue 
1235 Argyle Avenue 
1233 Argyle Avenue 
1 23 1 Argyle Avenue 
1 22 1 Argyle Avenue 
1219 Argyle Avenue 
1217 Argyle Avenue 
1215 Argyle Avenue 
1213 Argyle Avenue 
1211 Argyle Avenue 
1 209 Argyle Avenue 
1 207 Argyle Avenue 
1 205 Argyle Avenue 
1203 Argyle Avenue 
1201 Argyle Avenue 
1400 Argyle Avenue 
1300 Myrtle Avenue 
1304 Myrtle Avenue 
1 306 Myrtle Avenue 
1 308 Myrtle Avenue 
1310 Myrtle Avenue 
1312 Myrtle Avenue 
1318 Myrtle Avenue 
1320 Myrtle Avenue 
1322 Myrtle Avenue 



434 



1997-1998 Session Ord. 98-338 

1326 Myrtle Avenue 
1328 Myrtle Avenue 
1330 Myrtle Avenue 
1332 Myrtle Avenue 
1334 Myrtle Avenue 

701 West Lafayette Avenue 
703 West Lafayette Avenue 

705 West Lafayette Avenue 
707 West Lafayette Avenue 
709 West Lafayette Avenue 
713 West Lafayette Avenue 
715 West Lafayette Avenue 

706 West Lanvale Street 

702 West Lanvale Street 
1404 Myrtle Avenue 
1406 Myrtle Avenue 
1410 Myrtle Avenue 
1412 Myrtle Avenue 
1414 Myrtle Avenue 
1416 Myrtle Avenue 
701 Mosher Street 

703 Mosher Street 
709 Mosher Street 
711 Mosher Street 
713 Mosher Street 
717 Mosher Street 



435 



Ord. 98-338 1997-1998 SESSION 



9 1 5 Fremont Avenue 
913 Fremont Avenue 
91 1 Fremont Avenue 
909 Fremont Avenue 
714 West Lafayette Avenue 
712 West Lafayette Avenue 
710 West Lafayette Avenue 
704 West Lafayette Avenue 
702 West Lafayette Avenue 

700 West Lafayette Avenue 

701 West Lanvale Street 
1200 Argyle Avenue 

1 202 Argyle Avenue 
1204 Argyle Avenue 
1206 Argyle Avenue 
1 208 Argyle Avenue 
1210 Argyle Avenue 
1214 Argyle Avenue 
1216 Argyle Avenue 
1 220 Argyle Avenue 
1222 Argyle Avenue 
1224 Argyle Avenue 
1226 Argyle Avenue 
1228 Argyle Avenue 
1230 Argyle Avenue 
1232 Argyle Avenue 

436 



1 997- 1 998 Session Ord. 98-338 

1236 Argyle Avenue 
1238 Argyle Avenue 
631 West Lanvale Street 
633 West Lanvale Street 

1237 Myrtle Avenue 
1233 Myrtle Avenue 
1229 Myrtle Avenue 
1227 Myrtle Avenue 
1225 Myrtle Avenue 
1301 Argyle Avenue 
1303 Argyle Avenue 
1307 Argyle Avenue 
1309 Argyle Avenue 
1317 Argyle Avenue 
1313 Argyle Avenue 
1315 Argyle Avenue 
1317 Argyle Avenue 
1325 Argyle Avenue 
1329 Argyle Avenue 
1331 Argyle Avenue 
1333 Argyle Avenue 
1335 Argyle Avenue 
1337 Argyle Avenue 

629 West Lafayette Avenue 
627 West Lafayette Avenue 
625 West Lafayette Avenue 



437 



ORD. 98-338 1997-1998 SESSION 

623 West Lafayette Avenue 
613 West Lafayette Avenue 
1302 Argyle Avenue 
1304 Argyle Avenue 
1306 Argyle Avenue 
1316 Argyle Avenue 
1318 Argyle Avenue 
1320 Argyle Avenue 
1324 Argyle Avenue 
1326 Argyle Avenue 
1328 Argyle Avenue 
1330 Argyle Avenue 
1332 Argyle Avenue 
1336 Argyle Avenue 
1338 Argyle Avenue 
1 340 Argyle Avenue 
1 342 Argyle Avenue 
635 West Lafayette Avenue 
637 West Lafayette Avenue 
639 West Lafayette Avenue 
641 West Lafayette Avenue 
643 West Lafayette Avenue 
645 West Lafayette Avenue 
647 West Lafayette Avenue 
653 West Lafayette Avenue 
1 345/47 Myrtle Avenue 



438 



997-1998 Session Ord. 98-338 

1343 Myrtle Avenue 
1341 Myrtle Avenue 
1339 Myrtle Avenue 
1337 Myrtle Avenue 
1335 Myrtle Avenue 
1333 Myrtle Avenue 
1331 Myrtle Avenue 
1329 Myrtle Avenue 
13271/2 Myrtle Avenue 
1327 Myrtle Avenue 
1319 Myrtle Avenue 
1317 Myrtle Avenue 
1315 Myrtle Avenue 
1313 Myrtle Avenue 
1311 Myrtle Avenue 
1 309 Myrtle Avenue 
1 307 Myrtle Avenue 
1 305 Myrtle Avenue 
1 303 Myrtle Avenue 
632 West Lanvale Street 
628 West Lanvale Street 
624 West Lanvale Street 
1839 Pennsylvania Avenue 
1837 Pennsylvania Avenue 
1 835 Pennsylvania Avenue 
1811 Pennsylvania Avenue 

439 



Ord. 98-338 1 997- 1 998 Session 

1822 Pennsylvania Avenue 
620 Laurens Street 
618 Laurens Street 
614/616 Laurens Street 
1531/33 Pennsylvania Avenue 
1529 Pennsylvania Avenue 
1527 Pennsylvania Avenue 
1525 Pennsylvania Avenue 
1523 Pennsylvania Avenue 
1521 Pennsylvania Avenue 
1517/19 Pennsylvania Avenue 
1515 Pennsylvania Avenue 
1513 Pennsylvania Avenue 
1511 Pennsylvania Avenue 
1509 Pennsylvania Avenue 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for Upton, as amended by this Ordinance and identified as "Urban 
Renewal Plan, Upton, revised to include Amendment 12, dated April 20, 
1998", is approved. The Clerk of the City Council shall file a copy of the 
amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record, available for public inspection and 
information. 

Section 3. And be it further ordained, That the revisions shown 
on amended Exhibit 2, Land Use Map, dated are approved. 

Section 4. And be it further ordained, That the revisions shown 

on amended Exhibit 3, Property Acquisition Map, dated are 

approved. 



440 



1 997- 1 998 Session Ord. 98-339 



Section 5. And be it further ordained, That the revisions shown 

on amended Exhibit 4a, Land Disposition Map, dated are 

approved. 

Section 6. And be it further ordained, That the revisions shown 

on amended Exhibit 5, Zoning Districts Map, dated are 

approved. 

Section 7. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 8. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 9. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 10. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-339 
Council Bill 98-704 



441 



Ord. 98-339 1 997- 1 998 Session 

An Ordinance Concerning 

Bond Issue — Asbestos Loan — $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution VI of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used to pay the costs of asbestos 
removal, encapsulation, management, containment and abatement in 
existing buildings, structures and facilities owned or controlled by the 
Mayor and City Council of Baltimore, including but not limited to 
health, fire, urban services, multi-purpose, recreation, schools, office 
buildings and library facilities, to be or now being used for or in 
connection with the operations, functions and activities of the Mayor 
and City Council of Baltimore; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; authorizing the issuance of refunding 
bonds; conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and duties; authorizing the submission of 
this Ordinance to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the General Election to be held in Baltimore 
City on Tuesday, the 3rd day of November, 1998; and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution VI of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 



442 



1 997- 1 998 Session Ord. 98-339 



certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with asbestos 
removal, encapsulation, management, containment and abatement as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 



443 



Ord. 98-339 1 997- 1 998 Session 



are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 



444 



1 997- 1 998 Session Ord. 98-339 



(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 



445 



ORD. 98-339 1 997- 1 998 SESSION 



the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used to pay the costs of 
asbestos removal, encapsulation, management, containment and abatement 
in existing buildings, structures, and facilities owned or controlled by the 
Mayor and City Council of Baltimore, including but not limited to health, 
fire, urban services, multi-purpose, recreation, schools, office buildings and 
library facilities, to be or now being used for or in connection with the 
operation, functions and activities of the Mayor and City Council of 
Baltimore; the payment of any and all costs and expenses incurred for or in 
connection with doing any or all of the things herein mentioned, including, 
but not limited to, the costs and expenses of securing administrative, 
appraisal, economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; and for doing any 
and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 



446 



1 997- 1 998 Session Ord. 98-339 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 



447 



Ord. 98-340 1 997- 1 998 SESSION 



but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-340 
Council Bill 98-705 



448 



1 997- 1 998 Session Ord. 98-340 

An Ordinance Concerning 

Bond Issue — Baltimore Museum of Art Loan — $1,000,000 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution X of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Baltimore Museum of Art; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Baltimore City on 
Tuesday, the 3rd day of November, 1998; and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 



449 



ORD. 98-340 1 997- 1 998 SESSION 



Recitals 

By Resolution X of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Baltimore Museum of Art as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 



450 



1 997- 1 998 Session Ord. 98-340 



Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 



451 



Ord. 98-340 1 997- 1 998 SESSION 



(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 



452 



1 997- 1 998 Session Ord. 98-340 



Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Baltimore 
Museum of Art; and to equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 



453 



Ord. 98-340 1 997- 1 998 SESSION 



provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 



454 



1 997- 1 998 Session Ord. 98-340 



solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 



455 



Ord. 98-341 1 997- 1 998 Session 



provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-341 
Council Bill 98-706 



An Ordinance Concerning 

Bond Issue — Community Development Loan — $13,000,000 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution VIE of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Thirteen Million Dollars ($13,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for or in connection with 
planning, developing, executing, and making operative the Community 
Development Program of the Mayor and City Council of Baltimore, 
including, but not limited to, the acquisition, by purchase, lease, 
condemnation or any other legal means, of land or property, or any 
right, interest, franchise, easement or privilege therein, in the City of 
Baltimore; the payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and management of said 
land or property, including any and all rights or interest therein 
hereinbefore mentioned; the payment of any and all costs and expenses 
incurred for or in connection with relocating and moving persons or 
other legal entities displaced by the acquisition of said land or property, 
or any of the rights or interest therein hereinbefore mentioned; the 
development, or redevelopment, including, but not limited to, the 
comprehensive renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, in the City of 
Baltimore, and the disposition of land and property for such purposes; 
the elimination of unhealthful, unsanitary or unsafe conditions, 
lessening density, eliminating obsolete or other uses detrimental to the 



456 



1997-1998 Session Ord. 98-34 



public welfare or otherwise remo\ mg ' preventing the spread of b. \ 
or deterioration in the Ci:> of Baltimore; the demolition, removal, 
relocation, renovation or altera! d, buildings, streets, highways, 

alleys, utilities or services, and other structures or improvements, and 

for the construction, reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, and other 
structures or impro\ ements; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not lirr .: d to, ;he costs and 
expenses of securing administrative, appraisal, economic anai>s:>. 
engineering, planning, designing, architectural, surveying, and other 
professional services: and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned: authorizing the issuance of refunding 
bonds; conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and unties; authorizing the submission of 
this Ordinance to the legal voters o: the C::> of Baltimore, for their 
approval or disapproval, at the General Election to be held in Baltimore 
City on Tuesday, the 3rd du> of November. 1°°$: and providing for the 
expenditure of the proceeus o: sale o: saiu certificates of ;nur?:rune>> 
in accordance with the provisions o: the Charter o: the Mayot and City 
Council of Baltimore, and by the municipal agenc> designated in the 
annual Ordinance of Estimates of the Mayor and Cits Council 
Baltimore. 

Recitals 

By Resolution \TH oi 1 0C) S approved by the members o: the General 
Assembly of Maryland representing Baltimore City, the Ma>or and C::> 
Council of Baltimore is authorized to create a cent and to issue and sell its 
certificates of indebtedness ^hereinafter called bonds as e\ idence thereof, 
in an aggregate principal amount not exceeding Thirteen Million Dollars 
($ 1 3 a\X). 000.00^ in the manner and upon the terms set forth in the bonds. 
not exceeding the par value of the bonds, to be used m connection with the 
communit) development program of the Mas or anc City Counci 
Baltimore as authorized by said Resolution 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Coincu oe 
Baltimore. That the Mayor and City Council of Baltimore, acting b> and 

through the Board of Finance of said municipality, be am I - hereby 
authorized and empowered to issue bonds of the Mayor and dt\ Council of 



45' 



Ord. 98-34 1 1 997- 1 998 SESSION 



Baltimore in an aggregate principal amount not exceeding Thirteen Million 
Dollars ($13,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 



458 



1 997- 1 998 Session Ord. 98-34 1 



(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 



459 



Ord. 98-34 1 1 997- 1 998 Session 



Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for or in 
connection with planning, developing, executing and making operative the 
community development program of the Mayor and City Council of 
Baltimore, including, but not limited to: 



460 



1997-1998 Session Ord. 98-341 



(i) the acquisition, by purchase, lease, condemnation, or any 
other legal means, of land or property, or any right, interest, franchise, 
easement or privilege therein, in the City of Baltimore; 

(ii) the payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and management of said 
land or property, including any and all rights or interest therein hereinbefore 
mentioned; 

(iii) the payment of any and all costs and expenses incurred for 
or in connection with relocating and moving persons or other legal entities 
displaced by the acquisition of said land or property, or any of the rights or 
interests therein hereinbefore mentioned; 

(iv) the development or redevelopment, including, but not 
limited to, the comprehensive renovation or rehabilitation of any land or 
property, or any rights or interests therein hereinbefore mentioned, in the 
City of Baltimore, and the disposition of land and property for such 
purposes; 

(v) the elimination of unhealthful, unsanitary or unsafe 
conditions, lessening density, eliminating obsolete or other uses detrimental 
to the public welfare or otherwise removing or preventing the spread of 
blight or deterioration in the City of Baltimore; 

(vi) the demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements; 

(vii) the payment of any and all costs and expenses incurred for 
or in connection with doing any or all of the things herein mentioned, 
including, but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and 

(viii) doing any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned. 



461 



ORD. 98-34 1 1 997- 1 998 SESSION 



All such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, held or disposed 
of, as provided by law. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 



462 



1 997- 1 998 Session Ord. 98-34 1 



(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 



463 



ORD. 98-342 1 997- 1 998 SESSION 



specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-342 
Council Bill 98-707 



An Ordinance Concerning 

Bond Issue — Economic Development Loan — $11,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution VII of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Eleven Million Dollars ($1 1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for or in connection with 
planning, developing, executing, and making operative the commercial 
and industrial economic development program of the Mayor and City 
Council of Baltimore, including, but not limited to, the acquisition, by 
purchase, lease, condemnation or any other legal means, of land or 
property, or any right, interest, franchise, easement or privilege therein, 
in the City of Baltimore; the payment of any and all costs and expenses 
incurred in connection with or incidental to the acquisition and 



464 



1 997- 1 998 Session Ord. 98-342 



management of said land or property, including any and all rights or 
interest therein hereinbefore mentioned; the payment of any and all 
costs and expenses incurred for or in connection with relocating and 
moving persons or other legal entities displaced by the acquisition of 
said land or property, or any of the rights or interest therein 
hereinbefore mentioned; the development, or redevelopment, including, 
but not limited to, the comprehensive renovation or rehabilitation of any 
land or property, or any rights or interests therein hereinbefore 
mentioned, in the City of Baltimore, and the disposition of land and 
property for such purposes; the elimination of unhealthful, unsanitary or 
unsafe conditions, lessening density, eliminating obsolete or other uses 
detrimental to the public welfare or otherwise removing or preventing 
the spread of blight or deterioration in the City of Baltimore; the 
demolition, removal, relocation, renovation or alteration of land, 
buildings, streets, highways, alleys, utilities or services, and other 
structures or improvements, and for the construction, reconstruction, 
installation, relocation or repair of buildings, streets, highways, alleys, 
utilities or services, and other structures or improvements; the payment 
of any and all costs and expenses incurred for or in connection with 
doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, 
surveying, and other professional services; authorizing the making of 
loans and grants to persons and other legal entities; and for doing any 
and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore City certain powers and duties; 
authorizing the submission of this Ordinance to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 3rd day of 
November, 1998; and providing for the expenditure of the proceeds of 
sale of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Recitals 

By Resolution VII of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 



465 



ORD. 98-342 1 997- 1 998 SESSION 



in an aggregate principal amount not exceeding Eleven Million Dollars 
($1 1,000,000.00) in the manner and upon the terms set forth in the bonds, 
not exceeding the par value of the bonds, to be used in connection with the 
economic development program of the Mayor and City Council of 
Baltimore as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Eleven Million 
Dollars ($1 1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 



466 



1 997- 1 998 Session Ord. 98-342 



are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 



467 



Ord. 98-342 1 997- 1 998 SESSION 



(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 



468 



1 997- 1 998 Session Ord. 98-342 



the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for or in 
connection with planning, developing, executing and making operative the 
economic development program of the Mayor and City Council of 
Baltimore, including, but not limited to: 

(i) the acquisition, by purchase, lease, condemnation, or any 
other legal means, of land or property, or any right, interest, franchise, 
easement or privilege therein, in the City of Baltimore; 

(ii) the payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and management of said 
land or property, including any and all rights or interest therein hereinbefore 
mentioned; 

(iii) the payment of any and all costs and expenses incurred for 
or in connection with relocating and moving persons or other legal entities 
displaced by the acquisition of said land or property, or any of the rights or 
interests therein hereinbefore mentioned; 

(iv) the development or redevelopment, including, but not 
limited to, the comprehensive renovation or rehabilitation of any land or 
property, or any rights or interests therein hereinbefore mentioned, in the 
City of Baltimore, and the disposition of land and property for such 
purposes; 

(v) the elimination of unhealthful, unsanitary or unsafe 
conditions, lessening density, eliminating obsolete or other uses detrimental 
to the public welfare or otherwise removing or preventing the spread of 
blight or deterioration in the City of Baltimore; 

(vi) the demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements; 



469 



Ord. 98-342 1 997- 1 998 SESSION 



(vii) the payment of any and all costs and expenses incurred for 
or in connection with doing any or all of the things herein mentioned, 
including, but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; 

(viii) the making of loans and grants to persons and other legal 
entities engaged in the acquisition, development, redevelopment, 
rehabilitation and disposition of land and property, including any right, 
interest, franchise, easement or privilege therein in the City of Baltimore; 
and 

(ix) doing any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned. 

All such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, held or disposed 
of, as provided by law. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 



470 



1 997- 1 998 Session Ord. 98-342 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 



471 



Ord. 98-343 1 997- 1 998 SESSION 



(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-343 
Council Bill 98-709 



An Ordinance Concerning 
Bond Issue — Meyerhoff Symphony Hall Loan — $1,000,000 



472 



1 997- 1 998 Session Ord. 98-343 



For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution IX of 1 998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Meyerhoff Symphony Hall; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Baltimore City on 
Tuesday, the 3rd day of November, 1998; and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution DC of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 



473 



Ord. 98-343 1 997- 1 998 Session 



in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Meyerhoff Symphony Hall as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 



474 



1 997- 1 998 Session Ord. 98-343 



are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 



475 



Ord. 98-343 1 997- 1 998 SESSION 



(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 



476 



1 997- 1 998 Session Ord. 98-343 



the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property, new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Meyerhoff 
Symphony Hall; and to equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 



477 



Ord. 98-343 1 997- 1 998 SESSION 



premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 



478 



1 997- 1 998 Session Ord. 98-344 



highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-344 
Council Bill 98-710 



479 



ORD. 98-344 1 997- 1 998 SESSION 

An Ordinance Concerning 

Bond Issue — Police Loan — $3,000,000 $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution V of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Three Million Dollars ($3,000,000.00) One Million 
Dollars ($1,000,000) , the proceeds derived from the sale thereof to be 
used for the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other incidental expenses 
connected therewith, and the remainder of such proceeds to be used for 
the acquisition, by purchase, condemnation, or any other legal means, 
of land or property, or any rights therein, in the City of Baltimore, and 
for constructing and erecting, on said land or property, or on any land or 
property now or hereafter owned by the Mayor and City Council of 
Baltimore, new buildings, structures and facilities, to be used by the 
Police Department of Baltimore City, and for additions and 
improvements to, or the modernization, renovation or reconstruction of, 
existing Police Department facilities; and for the acquisition and 
installation of equipment for any and all existing facilities or new 
facilities authorized to be constructed, erected, added to, improved, 
modernized, renovated or reconstructed by the provisions hereof; the 
payment of any and all costs and expenses incurred for or in connection 
with doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, 
surveying, and other professional services; and for doing any and all 
things necessary, proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore City certain powers and duties; 
authorizing the submission of this Ordinance to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 3rd day of 
November, 1998; and providing for the expenditure of the proceeds of 
sale of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, 



480 



1 997- 1 998 Session Ord. 98-344 



and by the municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Recitals 

By Resolution V of 1 998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Three Million Dollars 
($3,000,000.00) One Million Dollars ($1,000,000) in the manner and upon 
the terms set forth in the bonds, not exceeding the par value of the bonds, to 
be used in connection with the operations, functions, and activities of the 
Police Department of Baltimore City as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Three Million 
Dollars ($3,000,000.00) One Million Dollars ($1,000,000) , from time to 
time, as may be needed or required for the purposes hereinafter named and 
said bonds shall be sold by the Board of Finance from time to time and at 
such times as shall be requisite, and the proceeds derived from the sale of 
said bonds shall be used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be approved by a 
majority of the votes of the legal voters of Baltimore City cast at the time 
and place hereinafter designated by this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 



48 



Ord. 98-344 1 997- 1 998 SESSION 



amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 



482 



1 997- 1 998 Session Ord. 98-344 



Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 



483 



Ord. 98-344 1 997- 1 998 SESSION 



or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, new 
buildings, structures and facilities, to be used by the Police Department of 
Baltimore City, and for additions and improvements to, or the 
modernization, renovation or reconstruction of, existing Police Department 
buildings, structures and facilities owned by the Mayor and City Council of 
Baltimore, and for equipment of any and all existing or new facilities 
authorized to be constructed, erected, added to, improved, modernized, 
renovated or reconstructed by the provisions hereof; the payment of any and 
all costs and expenses incurred for or in connection with doing any or all of 



484 



1 997- 1 998 Session Ord. 98-344 



the things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 



485 



ORD. 98-344 1 997- 1 998 SESSION 



(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 



486 



1 997- 1 998 Session Ord. 98-345 



payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-345 
Council Bill 98-711 



An Ordinance Concerning 
Bond Issue — Recreation and Parks Loan — $1,000,000 



487 



Ord. 98-345 1 997- 1 998 SESSION 



For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution IV of 1 998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, construction, 
reconstruction, installation, erection, protection, extension, 
enlargement, renovation or modernization of, and additions to, public 
park or recreational land, property, buildings, structures or facilities; 
and for the acquisition and installation of equipment for any and all 
existing facilities or new facilities authorized to be acquired, 
constructed, reconstructed, erected, extended, enlarged, renovated, 
modernized, improved or added to by the provisions hereof; the 
payment of any and all costs and expenses incurred for or in connection 
with doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, 
surveying, and other professional services; and for doing any and all 
things necessary, proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore City certain powers and duties; 
authorizing the submission of this Ordinance to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 3rd day of 
November, 1998; and providing for the expenditure of the proceeds of 
sale of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Recitals 

By Resolution IV of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 



488 



1 997- 1 998 Session Ord. 98-345 



certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used for recreation and parks 
purposes as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 



489 



ORD. 98-345 1 997- 1 998 SESSION 



Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 



490 



1 997- 1 998 Session Ord. 98-345 



(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 



491 



ORD. 98-345 1 997- 1 998 SESSION 



through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, construction, reconstruction, installation, erection, protection, 
extension, enlargement, renovation or modernization of, and additions to, 
public park or recreational land, property, buildings, structures or facilities; 
and for the acquisition and installation of equipment for any and all existing 
facilities or new facilities authorized to be acquired, constructed, 
reconstructed, erected, extended, enlarged, renovated, modernized, 
improved or added to by the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 



492 



1 997- 1 998 Session Ord. 98-345 



any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 



493 



ORD. 98-345 1 997- 1 998 SESSION 



(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 



494 



1 997- 1 998 Session Ord. 98-346 



(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-346 
Council Bill 98-712 

An Ordinance Concerning 

Bond Issue — School Loan — $12,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution EI of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Twelve Million Dollars ($12,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
lease, condemnation, or any other legal means, of land or property, or 
any rights therein, in the City of Baltimore, and constructing and 
erecting on said land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, new 
school buildings, athletic and other auxiliary facilities, and for additions 
and improvements to, or the modernization or reconstruction of, 



495 



ORD. 98-346 1 997- 1 998 SESSION 



including the inspection, removal, encapsulation, management, 
containment and abatement of asbestos from existing school buildings 
or facilities, and for equipment for any and all new or existing facilities 
authorized to be constructed, erected, added to, improved, modernized 
or reconstructed by the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; authorizing the issuance of refunding 
bonds; conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and duties; authorizing the submission of 
this Ordinance to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the General Election to be held in Baltimore 
City on Tuesday, the 3rd day of November, 1998; and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution HI of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Twelve Million Dollars 
($12,000,000.00) in the manner and upon the terms set forth in the bonds, 
not exceeding the par value of the bonds, to be used for school purposes as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 



496 



1 997- 1 998 Session Ord. 98-346 



authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Twelve Million 
Dollars ($12,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 



497 



Ord. 98-346 1 997- 1 998 SESSION 



upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 



498 



1 997- 1 998 Session Ord. 98-346 



value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 



499 



Ord. 98-346 1 997- 1 998 Session 



the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, lease, condemnation or any other legal means, of 
land or property, or any rights therein, in the City of Baltimore, and 
constructing and erecting on said land or property, or on any land or 
property now or hereafter owned by the Mayor and City Council of 
Baltimore, new school buildings, athletic and other auxiliary facilities, and 
for additions and improvements to, or the modernization or reconstruction 
of, including the inspection, removal, encapsulation, management, 
containment and abatement of asbestos from existing school buildings or 
facilities, and for equipment for any and all new or existing facilities 
authorized to be constructed, erected, added to, improved, modernized or 
reconstructed by the provisions hereof; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 



500 



1 997- 1 998 Session Ord. 98-346 



of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 



501 



Ord. 98-346 1 997- 1 998 SESSION 



(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 



502 



1 997- 1 998 Session Ord. 98-347 



under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-347 
Council Bill 98-713 

An Ordinance Concerning 

Bond Issue — Walters Art Gallery Loan — $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution II of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Walters Art Gallery; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 



503 



ORD. 98-347 1 997- 1 998 SESSION 



planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Baltimore City on 
Tuesday, the 3rd day of November, 1998; and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution II of 1 998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Walters Art Gallery as authorized 
by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 



504 



1 997- 1 998 Session Ord. 98-347 



effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 



505 



ORD. 98-347 1 997- 1 998 SESSION 



(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 



506 



1 997- 1 998 Session Ord. 98-347 



Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 



507 



Ord. 98-347 1997-1998 Session 



property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property, new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Walters Art 
Gallery; and to equip all buildings authorized to be constructed, renovated, 
altered or improved under the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 



508 



1 997- 1 998 Session Ord. 98-347 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 



509 



Ord. 98-347 1 997- 1 998 SESSION 



Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



510 



1 997- 1 998 Session Ord. 98-348 



City of Baltimore 
Ordinance 98-348 
Council Bill 98-714 

An Ordinance Concerning 

City Property — Rights-of-Way and Temporary Easements — 
Southern Boundary Line of Baltimore City near Pennington Avenue 

FOR the purpose of authorizing the acquisition by purchase or condemnation 
by the Mayor and City Council of Baltimore of the fee simple interests 
or other interests that the Director of the Department of Public Works 
considers necessary or sufficient in and to certain pieces or parcels of 
land situate in Baltimore City, for public utility rights-of-way for the 
Cedar Hill Sewer Interceptor and for other municipal utilities and 
services, through a portion of the property known as Lot 39 of Ward 25 
Section 9 Block 7165, the location being shown on plats numbered 
R.W. 20-35781 and R.W. 20-35782 prepared by the Survey Control 
Section and filed in the Office of the Director of the Department of 
Public Works on March 25, 1992, and on plat number R.W. 20-35884 
prepared by the Survey Control Section and filed in the Office of the 
Director of the Department of Public Works on June 5, 1996; and 
providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Counch. of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for public utility rights-of-way purposes, namely, for the construction and 
maintenance of the Cedar Hill Sewer Interceptor Project or other municipal 
utilities and services, through a portion of the property known as Lot 39 of 
Ward 25 Section 9 Block 7165, the fee simple interests or such other 
interests as the Director of the Department of Public Works considers 



511 



Ord. 98-348 1 997- 1 998 SESSION 



necessary in and to the pieces or parcels of land, situate in Baltimore City, 
including the improvements thereon, bounded as follows: 

Beginning for Right of Way for Municipal Utilities and Services 
No. 1 at a point on the fourth line of the second parcel of land conveyed 
by Northfield Development, Incorporated to The BEDCO Development 
Corporation by Deed dated August 31,1 979 and recorded among the 
Land Records of Baltimore City in Liber W.A. No. 3872, Folio 429, 
distant 201.53 feet measured along the fourth line of the second parcel 
of land described in said deed from the Southern Boundary Line of 
Baltimore City established in 1918 and the beginning thereof, there 
situate, and having a coordinate value of East 5,993.75 feet and South 
28,538.01 feet, and running thence binding on the northwest outline of 
a sixty-six-foot wide strip of land now or formerly owned by The 
D.W.C. Trust Holding Company, and on part of the fourth line of the 
second parcel of land described in said deed, there situate, by a line 
curving to the right with a radius of 1670.28 feet the distance of 16.76 
feet which arc is subtended by a chord bearing North 51 ° 03' 40" East 
16.76 feet; thence by a straight line through the property now or 
formerly owned by The D.W.C. Trust Holding Company, South 65° 25' 
02" East 74.3 1 feet to intersect the southeast outline of said sixty-six 
foot wide strip of land; thence binding on the southeast outline of said 
sixty-six foot wide strip of land, and on part of the eighteenth line of the 
fourth parcel of land described in said deed, there situate, by a line 
curving to the left with a radius of 1604.28 feet the distance of 16.94 
feet which arc is subtended by a chord bearing South 52° 14' 29" West 
16.94 feet, and thence by a straight line through the property now or 
formerly owned by The D.W.C. Trust Holding Company, North 65° 25' 
02" West 73.92 feet to the place of beginning. 

Containing 1,112 square feet or 0.026 acre of land, more or less. 

Beginning for Right of Way for Municipal Utilities and Services 
No. 2 at a point on the north outline of a sixty-six foot wide strip of land 
now or formerly owned by The D.W.C. Trust Holding Company distant 
477.33 feet westerly measured along the north outline of said sixty-six 
foot wide strip of land from the end of the twenty-third line of the first 
parcel of land conveyed by Northfield Development, Incorporated to 
The BEDCO Development Corporation by Deed dated August 31, 1979 
and recorded among the Land Records of Baltimore City in Liber W.A. 
No. 3872, Folio 429, there situate, and having a coordinate value of 
East 6,716.66 feet and South 28,1 10.76 feet, and running thence by a 
straight line through the property now or formerly owned by The 



512 



997- 1 998 Session Ord. 98-348 



D.W.C. Trust Holding Company, South 05° 24' 01" East 66.42 feet to 
intersect the southwest outline of said sixty-six foot wide strip of land; 
thence binding on the southwest outline of said sixty-six foot wide strip 
of land and on part of the sixteenth line of the fourth parcel of land 
described in said deed, there situate, by a line curving to the left with a 
radius of 786.02 feet the distance of 15.12 feet which arc is subtended 
by a chord bearing South 77° 19' 37" West 15.12 feet; thence by a 
straight line through the property now or formerly owned by The 
D.W.C. Trust Holding Company, North 05° 24' 01" West 66.57 feet to 
intersect the north outline of said sixty-six foot wide strip of land, and 
thence binding on the north outline of said sixty-six foot wide strip of 
land, and on part of the twenty-third line of the first parcel of land 
described in said deed, there situate, by a line curving to the right with a 
radius of 852.02 feet the distance of 15.10 feet which arc is subtended 
by a chord bearing North 77° 53' 35" East 15.10 feet to the place of 
beginning. 

Containing 997 square feet or 0.023 acre of land, more or less. 

Beginning for Right of Way for Municipal Utilities and Services 
No. 3 at a point on the northeast outline of a sixty-six foot wide strip of 
land now or formerly owned by The D.W.C. Trust Holding Company 
distant North 69° 30' 00" West 198.58 feet measured along the 
northeast outline of said sixty-six foot wide strip of land from the 
beginning of the third line of the second parcel of land excepted from a 
deed from Northfield Development, Incorporated to The BEDCO 
Development Corporation dated August 31, 1979 and recorded among 
the Land Records of Baltimore City in Liber W.A. No. 3872, Folio 429 
and having a coordinate value of East 7,250. 1 3 feet and South 
28,171.16 feet, and running thence by a straight line through the 
property now or formerly owned by The D.W.C. Trust Holding 
Company, South 20° 30' 00" West 66.00 feet to intersect the southwest 
outline of said sixty-six foot wide strip of land; thence binding on the 
southwest outline of said sixty-six foot wide strip of land and on part of 
the fifteenth line of the fourth parcel of land described in said deed, 
there situate, North 69° 30' 00" West 15.00 feet; thence by a straight 
line through the property now or formerly owned by The D.W.C. Trust 
Holding Company, North 20° 30' 00" East 66.00 feet to intersect the 
northeast outline of said sixty-six foot wide strip of land, and thence 
binding on the northeast outline of said sixty-six foot wide strip of land, 
South 69° 30' 00" East 15.00 feet to the place of beginning. 

Containing 990 square feet or 0.023 acre of land, more or less. 

513 



Ord. 98-348 1 997- 1 998 Session 



All courses, distances and coordinates in the above descriptions are 
referred to the true meridian as adopted by the Baltimore Survey Control 
System. 

Including all property, rights, interests, easements, or franchises 
necessary for public utility rights-of-way and the construction and 
maintenance of the Cedar Hill Sewer Interceptor or other municipal utilities 
and services in the public utility rights-of-way, the location and course of 
the public utility rights-of-way being shown on plats numbered R.W. 20- 
35781 and R.W. 20-35782 prepared by the Survey Control Section and filed 
in the office of the Director of the Department of Public Works of March 
25, 1992, and on plat number R.W. 20-35884 prepared by the Survey 
Control Section and filed in the Office of Director of the Department of 
Public Works on June 5, 1996. 

Any mention or reference to any streets, roads, avenues, highways, or 
alleys in this Ordinance or on the plats referred to are for the purpose of 
description only and shall not be held or taken to be evidence that the 
streets, roads, avenues, highways, alleys, or any of them, are public, 
dedicated, or private thoroughfares. 

Section 2. And be it further ordained, That the Director of the 
Department of Public Works or any other person or agency the Board of 
Estimates designates, is or are authorized to acquire on behalf of the Mayor 
and City Council of Baltimore, and for the purposes described in this 
Ordinance, the fee simple interests or other interests necessary or sufficient 
in and to these pieces or parcels of land and their improvements, including 
all property, rights, interests, easements, or franchises necessary for the 
public utility rights-of-way and the construction and maintenance of the 
Cedar Hill Sewer Interceptor or other municipal utilities and services in the 
public utility rights-of-way. If the Director of the Department of Public 
Works or the person or agency otherwise designated by the Board of 
Estimates is or are unable to agree with the owner or owners on the 
purchase price of any of the pieces or parcels of land and their 
improvements or for any of the properties, rights, interests, easements, or 
franchises, it or they shall forthwith notify the City Solicitor of Baltimore 
City, who shall institute in the name of the Mayor and City Council of 
Baltimore the necessary legal proceedings to acquire by condemnation the 
fee simple interests or other rights, interests, easements, or franchises 
necessary or sufficient for the purposes of the public utility rights-of-way. 

Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights herein described 



514 



1 997- 1 998 Session Ord. 98-349 



and the rights of all parties interested or affected shall be in accordance with 
the provisions of Title 12 of the Real Property Article of the Annotated 
Code of Maryland,. 

Section 4. And be it further ordained, That the Director of the 
Department of Public Works or any other person or agency that the Board of 
Estimates designates is or are also authorized to negotiate for and to enter 
into in the name of the Mayor and City Council of Baltimore any and all 
necessary agreements with the federal and state governments or any of their 
agencies, and with any other persons, firms, or corporations, in aid of, in 
furtherance of, or in connection with the public utility rights-of-way. All 
acquisitions and agreements are subject to the approval of the Board of 
Estimates. 

Section 5. And be it further ordained, That after the necessary 
agreements have been made and the necessary properties, lands, rights, 
easements, or franchises have been acquired, the Director of the Department 
of Public Works of Baltimore City is authorized and directed to construct or 
cause to be constructed the Cedar Hill Sewer Interceptor or other municipal 
utilities and services in the public utility rights-of-way, all in accordance 
with detailed plans to be prepared, and after the plans have been approved 
by the Director of the Department of Public Works. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-349 
Council Bill 98-716 

An Ordinance Concerning 



Baltimore City Landmark List — St. Katherine of Alexandria 
Protestant Episcopal Church 

For the purpose of designating St. Katherine of Alexandria Protestant 
Episcopal Church, 2001 Division Street, as a historical landmark. 



515 



ORD. 98-350 1 997- 1 998 SESSION 



By adding 

Article 1- Mayor, City Council, and Municipal Agencies 

Section(s) 40 (ff)(99) 

Baltimore City Code 

(1983 Replacement Volume and 1996 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation. 

40. Created; powers; duties. 

(ff) Landmark list. 

The following structures, having been approved by the Planning 
Commission, are hereby declared to be historical or architectural 
landmarks: 

(99) St. Katherine of Alexandria Protestant Episcopal 
Church, 2001 Division Street, Ward 14, Section 6, Block 
3 14, Lot 53. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-350 
Council Bill 98-721 

An Ordinance Concerning 

516 



1 997- 1 998 Session Ord. 98-350 



Tax Credit — Telecommunications Renovations 

For the purpose of providing a real property tax credit for certain buildings 
to which certain renovations have been made to meet certain 
communication and utility standards; designating the areas eligible for 
the credit; providing for the amount and duration of and conditions for 
the credit; providing for applications for and administration of the 
credit; defining certain terms; providing for a special effective date; and 
generally relating to a telecommunications renovations property tax 
credit. 

By authority of 

Article - Tax-Property 

Section(s) 9-228 

Annotated Code of Maryland 

(1994 Volume and 1997 Supplement) 

BY adding 

Article 28 - Taxes 

Section(s) 751 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

Current economic conditions make it necessary for the Mayor and City 
Council of Baltimore to encourage and promote the adaptive re-use of the 
City's Class B existing commercial buildings. 

The cost to owners of retrofitting these facilities for modern 
telecommunications systems can be financially prohibitive. 

The Mayor and City Council desire to establish a telecommunications 
tax credit, as authorized by State law, to lessen the financial burden on 
owners and encourage them to return the buildings to productive use. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



517 



ORD. 98-350 1 997- 1 998 SESSION 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Tax Credits 

751. Telecommunications renovations tax credit. 

(a) Definitions. 

( 1 ) In this section, the following terms have the meanings 
indicated. 

(2) "Eligible area" means an any area thaTt 

0) is eligible for designation as an eligible 
neighborhood under article 83b, §§ 4-201 through 4-208 of the 
Maryland Code ; and 

(ii) has been designated by the mayor and clty council 
as an area eligible for the tax credit authorized by this section . 

(3) "Qualifying renovations" means infrastructure 
renovations to accommodate advanced computer and 
telecommunications systems, including the installation of fiber- 
optic cable, emergency electrical capacity, emergency back-up 
power, fiber-optic risers, internal/external network cabling, 
information outlets, and other specialized equipment. 

(4) "State-of-the-art communications and utility 
standards" means the communication and utility standards 
published by the electrical industry association and the 
telecommunications industry association as eia/tia standard 
568, generally referred to as "class 5" installations. 

(b) tax credit authorized. 

A REAL PROPERTY TAX CREDIT IS GRANTED AGAINST THE ClTY 
PROPERTY TAX IMPOSED ON A COMMERCIAL OR RESIDENTIAL (INCLUDING 
COMMERCIAL-RESIDENTIAL) BUILDING: 

(1) THAT IS IN AN ELIGIBLE AREA; AND 



518 



1 997- 1 998 Session Ord. 98-350 



(2) TO WHICH QUALIFYING RENOVATIONS HAVE BEEN MADE TO 
MEET STATE-OF-THE-ART COMMUNICATIONS AND UTILITY STANDARDS. 

(c) Amount of credit. 

The tax credit granted under this section for any 1 taxable 
year shall equal 7.5% of the cost of qualifying renovations w a 
subject to a maximum cumulative credit cost over a 10 year period 
of $750,000 for the 1 0-year credit period . the credit shall be 
applied only to an increase in taxes due after the completion and 
final approval of the work, provided that the credit may not 
reduce the property tax due for any property below that part of 
the taxes due that exceed the tax calculated on the fully ph ased- 
in pre-improvement value of the property. 

(d) Commencement and duration of credit 

( 1 ) a tax credit may be granted under this section only for 
1 years or until the maximum credit amount of $750,000 is 
reached, whichever is first. 

(2) The 10- year credit period begins after: 

(i) the qualifying renovations have been completed; 
(ii) the Building Code Official gives final approval to 

THE PROJECT; AND 

(m) the State Department of Assessments and Taxation 
completes an assessment review. 

(3) the credit will be first applied to the tax bill 
generated after the state department of assessments and 
Taxation has issued a revised assessment notice on a part- or full- 
year BASIS. 

(E) No TAX subsidy dupucation allowed. 

NO PERSON MAY RECEIVE THE THE CREDIT AUTHORIZED BY THIS 
SECTION IF THAT PERSON HAS APPLIED FOR OR IS RECEIVING DOES NOT APPLY 
TO ANY PROPERTY FOR WHICH ANY OTHER TAX SUBSIDY FROM THE ClTY, 
WHETHER IN THE FORM OF A TAX CREDIT, PAYMENT IN LIEU OF TAXES, OR 
OTHERWISE , IS BEING RECEIVED OR HAS BEEN APPLIED FOR . 



519 



ORD. 98-350 1 997- 1 998 SESSION 



(f) Application. 

( 1 ) The person responsible for paying property taxes must 
should file an initial application for the credit at the time 
concurrently with the application for building permits are filed 
for the renovation work. no application may in no event, however, 
may any application for a credit be accepted after plans have been 
reviewed and a building permits permit is issued. the application 
shall estimate the costs of the proposed qualifying renovations, 
separately from all other costs. 

(2) Before renovations begin, the applicant must file 
renovation plans with the clty building code official and obtain 
preliminary approval that the plans meet state-of-the-art 
communication and utility standards. 

(3) During construction and on completion of the 
renovations, the applicant must obtain certification from the 
Building Code Official that the renovations conform to the 
approved plans. 

(4) on completion of the renovations, the applicant must 
provide documented evidence of the costs of the qualifying 
renovations. 

(g) Continuing eligibility requirements. 

The use of the credit in any year is conditioned on the 
taxpayer's: 

(1 ) maintaining the property in compliance with all City 
housing, building, health, fire, and other applicable clty code 
requirements; and 

(2) remaining current on all payments due to the clty. 
(h) Administration. 

(1) The Director of Finance may: 

(i) adopt rules and regulations to carry out this 

SECTION; 



520 



1 997- 1 998 Session Ord. 98-35 1 



(ii) settle disputed claims that may arise in connection 
with the credit authorized by this section; and 

(iii) delegate powers, duties, or functions in connection 
with the administration of this credit to the city collector or any 
other City employee. 

(2) The Director of Finance shall report the estimated 
number and the cost of all tax credits granted under this section 
in any fiscal year as a tax expenditure for that fiscal year and 
shall include them that cost in the ordinance of estimates for 
that fiscal year. 

Section 2. And be it further ordained, That the credit authorized 
by this Ordinance does not apply for any work that was begun before the 
effective date of this Ordinance or for any work for which a permit was 
issued before the effective date of this Ordinance. 

Section 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted or on July 1, 1998, 
whichever is later. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-351 
Council Bill 98-736 

An Ordinance Concerning 



Urban Renewal — Coldstream Homestead Montebello — 
Amendment 6 

For the purpose of amending the Urban Renewal Plan for the Coldstream 
Homestead Montebello Urban Renewal Area to add open off-street 
parking areas as a conditional use under the Industrial Area use 
category, to revise certain exhibits to reflect a change of zoning of a 



521 



Ord. 98-35 1 1 997- 1 998 Session 



portion of the property known as Kirk Field, if approved by a separate 
ordinance; waiving certain content and procedural requirements; 
making the provisions of this Ordinance severable; providing for the 
application of this Ordinance in conjunction with certain other 
ordinances; and providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The Urban Renewal Plan for the Coldstream Homestead Montebello 
Urban Renewal Area was originally approved by the Mayor and City 
Council of Baltimore by Ordinance 77-289 and last amended by Ordinance 
91-646. 

An amendment to the Urban Renewal Plan for the Coldstream 
Homestead Montebello Urban Renewal Area is necessary to add open off- 
street parking areas as a conditional use under the Industrial Area use 
category, and to revise certain exhibits to reflect a change of zoning of a 
portion of the property known as Kirk Field, if approved by a separate 
ordinance. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for the 
Coldstream Homestead Montebello Urban Renewal Area are approved: 

(1) On page 3 of the Plan, in B. Land Use Plan , 1. Permitted Uses , 
amend h. Industrial to read as follows: 

(h) Industrial 

In the area designated as Industrial on the Land Use Plan 
Map, the following uses shall be permitted: 



522 



1 997- 1 998 Session Ord. 98-35 1 



Light manufacturing and related activities of a relatively 
nuisance-free nature, compatible with adjacent residential 
or commercial uses; warehousing and storage activities; the 
expansion of existing businesses in the area for additional 
building Space; OPEN OFF-STREET PARKING AREAS FOR THE 
PARKING OF FOUR OR MORE MOTOR VEHICLES AS A 
CONDITIONAL USE, PROVIDED THAT THE CONDITIONAL USE IS 
APPROVED IN THE MANNER SET FORTH IN THE ZONING 
ORDINANCE OF BALTIMORE ClTY. Industrial uses shall 
comply with the Performance Standards set forth in 
Chapter 7, Part B of the Zoning Ordinance of Baltimore 
City. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for the Coldstream Homestead Montebello Urban Renewal Area, as 
amended by this Ordinance and identified as "Urban Renewal Plan, 
Coldstream Homestead Montebello, revised to include Amendment 6, dated 

, 1998", is approved. The Clerk of the City Council shall file a 

copy of the amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record, available for public 
inspection and information. 

Section 3. And be it further ordained, That Exhibit 1 , Land Use 

Plan, dated , 1998, which reflects the change of zoning of a portion of 

the property known as Kirk Field, if approved by a separate ordinance, is 
approved. 

Section 4. And be it further ordained, That Exhibit 4, Zoning 

Districts, dated , 1998, which reflects the change of zoning of a 

portion of the property known as Kirk Field, if approved by a separate 
ordinance, is approved. 

Section 5. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 6. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 



523 



ORD. 98-352 1 997- 1 998 SESSION 



any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 7. And be it further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 8. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 24, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-352 
Council Bill 98-758 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
City Council — $250,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $250,000 to the City Council — 
Program 100 (City Legislation), to provide funding for additional 
operating expenses; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 



524 



1 997- 1 998 Session Ord. 98-353 



Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Income Taxes in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1998. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1998 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1998 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 20, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $250,000 shall be made available to City Council — 
Program 100 (City Legislation) as a Supplementary General Fund Operating 
Appropriation for Fiscal Year 1998, to provide funding for additional 
operating expenses. The source of revenue for this appropriation is Income 
Taxes in excess of the amount from this source that was relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1998. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 29, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-353 
Council Bill 98-737 

An Ordinance Concerning 



525 



Ord. 98-353 1 997- 1 998 SESSION 



Ordinance Of Estimates For The Fiscal Year Ending June 30, 1999 

For the purpose of providing the appropriations estimated to be needed by 
each agency of the City of Baltimore for operating programs and capital 
projects during the fiscal 1 999 year. 

By authority of 

Article VI - Board of Estimates 

Section 3 et seq. 

Baltimore City Charter (1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following amounts or so much thereof as shall be 
sufficient are hereby appropriated subject to the provisions hereinafter set 
forth for the purpose of carrying out the programs included in the operating 
budget and the projects listed in the capital budget from the amounts 
estimated to be available in the designated funds during the fiscal year 
ending June 30, 1999. 



A. Operating budget 



Board of Elections 

180 Voter Registration and Conduct of Elections 

General Fund Appropriation $ 2,344,980 

City Council 

100 City Legislation 

General Fund Appropriation $ 3,365,978 

Community Relations Commission 

156 Development of Intergroup Relations 

General Fund Appropriation $ 742,341 

Federal Fund Appropriation $ 79,264 

Comptroller 

130 Executive Direction and Control 

General Fund Appropriation $ 486,685 

131 Audits 

General Fund Appropriation $ 3,132,405 



526 



1 997- 1 998 Session Ord. 98-353 



132 Real Estate Acquisition and Management 

General Fund Appropriation $ 475, 1 84 

135 Insurance on City Facilities 

General Fund Appropriation $ 61 ,109 

Councilmanic Services 

103 Councilmanic Services 

General Fund Appropriation $ 385,359 

Courts: Circuit Court 

110 Circuit Court 

General Fund Appropriation $ 7,195,618 

Federal Fund Appropriation $ 598,292 

State Fund Appropriation $ 1,563,847 

Courts: Orphans' Court 

112 Orphans' Court 

General Fund Appropriation $ 351,286 

Employees' Retirement Systems 

152 Administration, Employees' Retirement System 

Special Fund Appropriation $ 3,283,797 

Enoch Pratt Free Library 

450 Administrative and Technical Services 

General Fund Appropriation $ 440,133 

State Fund Appropriation $ 93,402 

Special Fund Appropriation $ 642,776 

452 Extension Services 

General Fund Appropriation $ 10,583,093 

453 State Library Resource Center 

General Fund Appropriation $ 7,179,379 

State Fund Appropriation $ 3,910,701 

Finance 

140 Administrative Direction and Control 

General Fund Appropriation $ 532,421 

141 Budget and Management Research 

General Fund Appropriation $ 1 ,470,123 

142 Accounting and Management Information Services 

General Fund Appropriation $ 6,537,468 

L & G Enterprise Fund Appropriation $ 3,367,833 



527 



ORD. 98-353 1 997- 1 998 SESSION 



144 Purchasing 

General Fund Appropriation $ 3,185,515 

150 Treasury Management 

General Fund Appropriation $ 1,210,706 

Fire 

210 Administrative Direction and Control 

General Fund Appropriation $ 1 ,755,348 

211 Training 

General Fund Appropriation $ 690,221 

212 Fire Suppression 

General Fund Appropriation $ 72,527,643 

213 Fire Prevention 

General Fund Appropriation $ 2,126,190 

214 Support Services 

General Fund Appropriation $ 5,055,277 

State Fund Appropriation $ 805,1 1 1 

215 Fire Alarm and Communications 

General Fund Appropriation $ 3,290,989 

219 Non-actuarial Retirement Benefits 

General Fund Appropriation $ 480,000 

319 Ambulance Service 

General Fund Appropriation $ 7,130,093 

Special Fund Appropriation $ 2,576,313 

Health 

240 Animal Control 

General Fund Appropriation $ 1 ,493,951 

Special Fund Appropriation $ 175,501 

300 Administrative Direction and Control 

General Fund Appropriation $ 2,495,540 

State Fund Appropriation $ 1 5,953 

302 Environmental Health 

General Fund Appropriation $ 2,072,607 

Federal Fund Appropriation $ 270,543 

State Fund Appropriation $ 96,129 



528 



1997-1998 Session Ord. 98-353 



303 Special Purpose Grants 

Special Fund Appropriation $ 2,000,000 

304 Communicable Disease 

General Fund Appropriation $ 3,3 14,290 

Federal Fund Appropriation $ 19,795,977 

State Fund Appropriation $ 535,585 

Special Fund Appropriation $ 59,999 

305 Maternal and Infant Services 

General Fund Appropriation $ 1 ,088,308 

Federal Fund Appropriation $ 7,125,535 

State Fund Appropriation $ 249,851 

306 General Nursing Services 

General Fund Appropriation $ 781 ,063 

State Fund Appropriation $ 3,922,282 

307 Mental Health Services 

General Fund Appropriation $ 2,561 ,273 

Federal Fund Appropriation $ 15,673,930 

State Fund Appropriation $ 7,354,210 

308 Child, Adolescent, and Family Health 

General Fund Appropriation $ 1 ,1 86,625 

Federal Fund Appropriation $ 17,368,744 

State Fund Appropriation $ 2,219,973 

Special Fund Appropriation $ 150,000 

310 School Health Services 

General Fund Appropriation $ 3,575,373 

Federal Fund Appropriation $ 343,077 

State Fund Appropriation $ 6,260,307 

3 1 1 Health Services for the Aging 

General Fund Appropriation $ 187,104 

Federal Fund Appropriation $ 44,013,225 

Special Fund Appropriation $ 25,000 

Housing and Community Development 

1 19 Neighborhood Service Centers 

General Fund Appropriation $ 619,352 

Federal Fund Appropriation $ 1 ,860,268 

State Fund Appropriation $ 2,527,807 

177 Administrative Direction and Control 

General Fund Appropriation $ 2,021,253 



529 



Ord. 98-353 1 997- 1 998 Session 



Federal Fund Appropriation $ 2,036,363 

State Fund Appropriation $ 40,000 

Special Fund Appropriation $ 504,416 

1 84 Energy Assistance and Emergency Food 

State Fund Appropriation $ 7,391 ,214 

260 Construction and Building Inspection 

General Fund Appropriation $ 1,876,715 

Federal Fund Appropriation $ 1,624,180 

Special Fund Appropriation $ 1 ,000,000 

357 Services for Homeless Persons 

General Fund Appropriation $ 266,698 

Federal Fund Appropriation $ 20,724,655 

State Fund Appropriation $ 2,319,700 

Special Fund Appropriation $ 1,200,000 

570 Preservation of Historic Places 

General Fund Appropriation $ 306,096 

Federal Fund Appropriation $ 220,720 

State Fund Appropriation $ 1 18,750 

582 Finance and Development 

General Fund Appropriation $ 1,603,013 

Federal Fund Appropriation $ 1,777,480 

583 Neighborhood Services 

General Fund Appropriation $ 4,028,569 

Federal Fund Appropriation $ 3,061,088 

State Fund Appropriation $ 68,000 

Special Fund Appropriation $ 1 ,700,000 

585 Baltimore Development Corporation 

General Fund Appropriation $ 3,498,520 

Federal Fund Appropriation $ 400,000 

Special Fund Appropriation $ 61 ,500 

592 Special Housing Grants 

Federal Fund Appropriation $ 723,100 

State Fund Appropriation $ 2,638,098 

593 Community Support Projects 

General Fund Appropriation $ 469,839 

Federal Fund Appropriation $ 6,952,872 



530 



1997-1998 Session Ord. 98-353 



597 Weatherization 

State Fund Appropriation $ 900,475 

604 Child Care Centers 

Federal Fund Appropriation $ 1 ,43 1 ,846 

605 Head Start 

Federal Fund Appropriation $ 18,459,712 

606 Arts and Education 

Federal Fund Appropriation $ 33,250 

State Fund Appropriation $ 78,610 

Law 

175 Legal Services 

General Fund Appropriation $ 4,144,092 

Legislative Reference 

106 Legislative Reference Services 

General Fund Appropriation $ 518,967 

Special Fund Appropriation $ 11 ,400 

107 Archives and Records Management 

General Fund Appropriation $ 215,241 

Liquor License Board 

250 Liquor Control 

General Fund Appropriation $ 1 ,276,568 

Mayoralty 

125 Executive Direction and Control 

General Fund Appropriation $ 3,181,761 

127 Office of State Relations 

General Fund Appropriation $ 492,939 

350 Office of Children and Youth 

General Fund Appropriation $ 296,619 

State Fund Appropriation $ 1 10,500 

353 Office of Community Projects 

General Fund Appropriation $ 239,710 

599 Office of International Programs 

General Fund Appropriation $ 128,1 14 



531 



Ord. 98-353 1997-1998 SESSION 



M-R: Art and Culture 

492 Promotion of Art and Culture 

General Fund Appropriation $ 555,03 1 

Federal Fund Appropriation $ 5,000 

State Fund Appropriation $ 54,888 

Special Fund Appropriation $ 328,993 

493 Art and Culture Grants 

General Fund Appropriation $ 3,124,815 

M-R: Cable and Communications 

572 Cable and Communications Coordination 

General Fund Appropriation $ 268,185 

Special Fund Appropriation $ 1 10,000 

M-R: Civic Promotion 

590 Civic Promotion 

General Fund Appropriation $ 7,915,602 

M-R: Commission for Women 

120 Promotion of Equal Rights for Women 

General Fund Appropriation $ 179,109 

Special Fund Appropriation $ 33,069 

M-R: Commission on Aging 

324 Aging and Retirement Education 

General Fund Appropriation $ 656,707 

Motor Vehicle Fund Appropriation $ 325,000 

Federal Fund Appropriation $ 5,741,256 

State Fund Appropriation $ 3,478,250 

Special Fund Appropriation $ 40,379 

M-R: Conditional Purchase Agreements 

1 29 Conditional Purchase Agreement Payments 

General Fund Appropriation $ 10,695,531 

L & G Enterprise Fund Appropriation $ 840,167 

Special Fund Appropriation $ 88 

M-R: Contingent Fund 

121 Contingent Fund 

General Fund Appropriation $ 750,000 

M-R: Convention Complex 

531 Convention Center Operations 

General Fund Appropriation $ 8,733,363 

Convention Center Bond Fund Appropriation $ 4,637,000 

State Fund Appropriation $ 3,546,1 10 



532 



1 997- 1 998 Session Ord. 98-353 



540 Baltimore Arena Operations 

General Fund Appropriation $ 650,000 

M-R: Coord Council on Crim Justice 

224 Mayor's Coord Council on Criminal Justice 

General Fund Appropriation $ 580,279 

Federal Fund Appropriation $ 2,364,827 

State Fund Appropriation $ 100,000 

Special Fund Appropriation $ 275,000 

M-R: Debt Service 

1 23 General Debt Service 

General Fund Appropriation $ 44,252,150 

Motor Vehicle Fund Appropriation $ 6,471,129 

M-R: Educational Grants 

446 Educational Grants 

General Fund Appropriation $ 928,475 

M-R: Health and Welfare Grants 

385 Health and Welfare Grants 

General Fund Appropriation $ 81 ,388 

M-R: Labor Commissioner 

128 Labor Relations 

General Fund Appropriation $ 476,924 

Federal Fund Appropriation $ 150,000 

State Fund Appropriation $ 150,000 

M-R: Local Share to City Schools 

352 Local Share to City Schools 

General Fund Appropriation $ 197,548,000 

M-R: Miscellaneous General Expenses 

122 Miscellaneous General Expenses 

General Fund Appropriation $ 4,11 2,549 

Motor Vehicle Fund Appropriation $ 3,654,000 

M-R: Office of Employment Development 

630 Administration (Title I) 

General Fund Appropriation $ 170,881 

631 Job Training Partnership (Titles II/III) 

Federal Fund Appropriation $ 13,782,466 

633 Youth Initiatives 

Federal Fund Appropriation $ 8,844,005 



533 



Ord. 98-353 1 997- 1 998 Session 



639 Special Services 

General Fund Appropriation $ 81 1,51 1 

Federal Fund Appropriation $ 16,320,346 

State Fund Appropriation $ 3,778,902 

M-R: Retirees' Benefits 

351 Retirees' Benefits 

General Fund Appropriation $ 48,279,000 

M-R: Self-insurance Fund 

1 26 Contribution to Self-insurance Fund 

General Fund Appropriation $ 20,811,213 

18,844,213 
Motor Vehicle Fund Appropriation $ 5,462,468 

Municipal and Zoning Appeals 

185 Zoning, Tax and Other Appeals 

General Fund Appropriation $ 336,460 

Museum of Art 

489 Operation of Museum of Art 

General Fund Appropriation $ 3,000,000 

Personnel 

160 Personnel Administration 

General Fund Appropriation $ 2,076,080 

1 67 Occupational Medicine and Safety 

General Fund Appropriation $ 618,822 

Planning 

187 City Planning 

General Fund Appropriation $ 1 ,180,375 

Motor Vehicle Fund Appropriation $ 776,741 

Federal Fund Appropriation $ 828,572 

State Fund Appropriation $ 65,000 

Police 

200 Administrative Direction and Control 

General Fund Appropriation $ 13,158,593 

201 Field Operations Bureau 

General Fund Appropriation $ 123,837,314 

Federal Fund Appropriation $ 8,291,679 

State Fund Appropriation $ 7,351,953 

Special Fund Appropriation $ 189,121 



534 



1997-1998 Session Ord. 98-353 



202 Investigations 

General Fund Appropriation $ 18,724,315 

Federal Fund Appropriation $ 2,579,660 

Special Fund Appropriation $ 620,000 

203 Traffic 

Motor Vehicle Fund Appropriation $ 9,229,218 

State Fund Appropriation $ 22,000 

204 Services Bureau 

General Fund Appropriation $ 28,331,061 

Special Fund Appropriation $ 1 ,775,708 

205 Non-actuarial Retirement Benefits 

General Fund Appropriation $ 7,104,210 

207 Research and Development 

General Fund Appropriation $ 2,925,246 

Public Works 

190 Departmental Administration 

General Fund Appropriation $ 98,586 

Motor Vehicle Fund Appropriation $ 1,1 19,298 

191 Permits 

General Fund Appropriation $ 162,152 

Motor Vehicle Fund Appropriation $ 813,908 

193 Building Maintenance 

General Fund Appropriation $ 19,769,734 

195 Towing 

General Fund Appropriation $ 330,612 

Motor Vehicle Fund Appropriation $ 4,831,549 

State Fund Appropriation $ 20,528 

198 Engineering/Construction Mgt. 

General Fund Appropriation $ 283,376 

Motor Vehicle Fund Appropriation $ 1,322,146 

230 Bureau Administration 

Motor Vehicle Fund Appropriation $ 6,998,21 1 

231 Traffic Engineering 

Motor Vehicle Fund Appropriation $ 2,544,544 



535 



Ord. 98-353 1997-1998 Session 



232 Parking Management 

Parking Management Fund Appropriation $ 3,965,157 

Federal Fund Appropriation $ 82,495 

233 Signs & Markings 

Motor Vehicle Fund Appropriation $ 3,861,366 

State Fund Appropriation $ 16,694 

235 Parking Enforcement 

Parking Management Fund Appropriation $ 4,330,843 

239 Traffic Computer & Communications 

Motor Vehicle Fund Appropriation $ 2,152,052 

500 Street Lighting 

Motor Vehicle Fund Appropriation $ 15,873,688 

501 Highway Maintenance 

General Fund Appropriation $ 3,059,290 

Motor Vehicle Fund Appropriation $ 31,202,536 

503 Highway Engineering 

Motor Vehicle Fund Appropriation $ 1 ,65 1 ,878 

505 Park and Street Trees 

Motor Vehicle Fund Appropriation $ 2,348,273 

State Fund Appropriation $ 10,000 

5 1 3 Solid Waste Maintenance 

Motor Vehicle Fund Appropriation $ 20,082,714 

515 Solid Waste Collection 

General Fund Appropriation $ 15,920,710 

Motor Vehicle Fund Appropriation $ 1,663,998 

Special Fund Appropriation $ 940,209 

516 Solid Waste Disposal 

General Fund Appropriation $ 13,622,1 16 

Motor Vehicle Fund Appropriation $ 1,839,923 

5 1 8 Storm Water Maintenance 

Motor Vehicle Fund Appropriation $ 3,690,360 

544 Sanitary Maintenance 

Waste Water Utility Fund Appropriation $ 10,971,598 



536 



1 997- 1 998 Session Ord. 98-353 



546 Water Maintenance 

Water Utility Fund Appropriation $ 22,899,502 

548 Conduits 

General Fund Appropriation $ 2,010,417 

550 Waste Water Facilities 

Waste Water Utility Fund Appropriation $ 76,168,641 

552 Water Facilities 

Water Utility Fund Appropriation $ 24,689,820 

553 Water Engineering 

Water Utility Fund Appropriation $ 8,291,237 

554 Waste Water Engineering 

Waste Water Utility Fund Appropriation $ 12,643,581 

555 Environmental Services 

Waste Water Utility Fund Appropriation $ 2,904,636 

Water Utility Fund Appropriation $ 649,497 

560 Facilities Engineering 

Waste Water Utility Fund Appropriation $ 519,687 

Water Utility Fund Appropriation $ 191,397 

561 Utility Billing 

Water Utility Fund Appropriation $ 7,131,175 

565 Utility Debt Service 

Waste Water Utility Fund Appropriation $ 9,294,857 

Water Utility Fund Appropriation $ 1 1,848,372 

580 Parking Enterprise Facilities 

Parking Enterprise Fund Appropriation $ 14,400,000 

Recreation and Parks 

471 Administrative Direction and Control 

General Fund Appropriation $ 1 ,452,624 

473 Municipal Concerts and Other Musical Events 

General Fund Appropriation $ 62,562 

478 General Park Services 

General Fund Appropriation $ 3,278,227 

State Fund Appropriation $ 1,017,300 



537 



ORD. 98-353 1 997- 1 998 SESSION 



479 Special Facilities 

General Fund Appropriation $ 1 ,413,876 

State Fund Appropriation $ 1 16,848 

Special Fund Appropriation $ 123,000 

480 Regular Recreational Services 

General Fund Appropriation $ 10,448,030 

State Fund Appropriation $ 138,238 

Special Fund Appropriation $ 12,630 

482 Supplementary Recreational Services 

State Fund Appropriation $ 1 ,623,413 

Special Fund Appropriation $ 1,196,795 

Sheriff 

118 Sheriff Services 

General Fund Appropriation $ 6,318,738 

Social Services 

365 Public Assistance 

General Fund Appropriation $ 230,000 

State's Attorney 

1 15 Prosecution of Criminals 

General Fund Appropriation $ 13,167,701 

Federal Fund Appropriation $ 746,726 

State Fund Appropriation $ 1,248,429 

Special Fund Appropriation $ 94,743 

Wage Commission 

165 Wage Enforcement 

General Fund Appropriation $ 409,157 

War Memorial Commission 

487 Operation of War Memorial Building 

General Fund Appropriation $ 267,159 



Internal Service Fund Authorizations 
Comptroller, Department of 

130 Executive Direction and Control 

An internal service fund is hereby authorized to provide for the administration of the 
Municipal Telephone Exchange and the Municipal Post Office, the cost of which is to be 
recovered from using agencies. 



538 



1 997- 1 998 Session Ord. 98-353 



133 Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide for operation of a Municipal 
Telephone Exchange, the costs of which are to be recovered from using agencies. 

136 Municipal Post Office 

An internal service fund is hereby authorized to provide for operation of a Municipal Post 
Office, the costs of which are to be recovered from using agencies. 

Finance, Department of 

142 Bureau of Accounting and Management Information Services 

An internal service fund is hereby authorized to provide for accounting services of the 
Mobile Equipment Program, the costs of which are to be recovered from using agencies. 

144 Purchasing 

An internal service fund is hereby authorized to provide for operation of a Municipal 
Reproduction and Printing Service, the costs of which are to be recovered from using 
agencies. 

An internal service fund is hereby authorized to provide for Centralized Automotive Parts 
Warehousing and Inventory, the costs of which are to be recovered from using agencies. 

145 Risk Management Services 

An internal service fund is hereby authorized to provide for the operation of the Risk 
Management Office, the costs of which are to be recovered from the Self-Insurance Fund. 

Law, Department of 

175 Legal Services 

An internal service fund is hereby authorized to provide for a Self-Insurance Program 
Covering Automotive Equipment, Police Animal Liability and Employee Liability, the 
costs of which are to be recovered from the Self-Insurance Fund. 

Personnel, Department of 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the operation of the 
Unemployment Insurance Function, the costs of which are to be recovered from 
contributions from various Fund sources. 

161 Vision Care Program 

An internal service fund is hereby authorized to provide for the operation of an Employee 
Vision Care Program, the costs of which are to be recovered from contributions from 
various Fund sources. 



539 



Ord. 98-353 1997-1998 Session 



Public Works, Department of 

189 Fleet Management 

An internal service fund is hereby authorized to provide for operation of a Central 
Automotive and Mechanical Repair Service, the costs of which are to be recovered from 
using agencies. 

198 Building Engineering 

An internal service fund is hereby authorized to provide for inspection of construction or 
alterations of City-owned buildings, the costs of which are to be recovered from capital 
project appropriations or using agencies. 

230 Bureau Administration (Transportation) 

An internal service fund is hereby authorized to provide for testing of materials and 
inspection services of highway construction and reconstruction projects, the costs of which 
are to be recovered from capital project appropriations. 

500 Street Lighting 

An internal service fund is hereby authorized to provide for operation of a City-owned 
Two-way Radio System, the costs of which are to be recovered from using agencies. 

553 Water Engineering 

An internal service fund is hereby authorized to provide for inspection service for the 
construction or alteration of the City's water system, the costs of which are to be recovered 
from capital project appropriations. 

560 Facilities Engineering 

An internal service fund is hereby authorized to provide for inspection service for 
Municipal Facilities, the costs of which are to be recovered from capital project 
appropriations. 



B. Capital Budget 

Section 2. And be it further ordained, That the Capital 
Improvement Appropriations herein made are for the following 
Construction Projects provided that the appropriations will be placed in 
Construction Reserve accounts at the beginning of the fiscal year and 
transferred by the Board of Estimates to Construction Accounts as project 
funds are needed. 



540 



1 997- 1 998 Session Ord. 98-353 



Baltimore Development Corporation 

601-451 Carroll Industrial Area 

General Fund Appropriation $ 500,000 

601-468 Fairfield Industrial Area - Improvements 

General Obligation Bonds Fund Appropriation $ 500,000 

601-570 East Baltimore Industrial Area 

General Fund Appropriation $ 500,000 

601-858 Future Baltimore Development Projects 

General Obligation Bonds Fund Appropriation $ 500,000 

Federal Fund Appropriation $ 1,500,000 

State Loan Fund Appropriation $ 3,000,000 

601-859 Development Projects - Site Improvements 

Mayor & City Council Real Property Fund Appropriation $ 2,500,000 

601-860 Industrial and Commercial Financing 

General Fund Appropriation $ 1,000,000 

601-865 Biotechnology Initiatives 

General Fund Appropriation $ 1,000,000 

State Fund Appropriation $ 1 ,000,000 

603-503 Market Place - Public Improvements 

State Fund Appropriation $ 2,000,000 

603-601 Hopkins Plaza Improvements 

General Fund Appropriation $ 2,000,000 

603-700 Howard Street Revitalization 

General Obligation Bonds Fund Appropriation $ 2,000,000 

603-725 Wyndham Hotel Loan 

General Obligation Bonds Fund Appropriation $ 5,000,000 

603-726 Charles Plaza Rehabilitation/Redevelopment 

General Fund Appropriation $ 600,000 

603-907 Performing Arts Center/Hippodrome 

State Fund Appropriation $ 1,700,000 

607-002 Downtown Streetscape Improvement Program 

General Obligation Bonds Fund Appropriation $ 1,999,000 

Other Special Fund Appropriation $ 1,500,000 



541 



ORD. 98-353 1997-1998 SESSION 



City Life Museum 

491-01 1 Carroll Mansion - Renovations 

General Fund Deappropriation $ (14,000) 

491-013 City Life Museums Facilities - Renovation 

General Fund Deappropriation $ (52,000) 

491-016 City Life Museum Storage Facility 

General Fund Deappropriation $ (69,000) 

Comptroller, Department of 

537-020 Middle Branch Derelict Pier Removal 

General Fund Deappropriation $ (35,000) 

537-023 Real Property Asset Management Program 

General Fund Appropriation $ 225,000 

Education, Department of 

417-099 Systemic Improvements (Fiscal Year 1999) 

General Obligation Bonds Fund Appropriation $ 15,000 

State Fund Appropriation $ 6,788,000 

418-001 Miscellaneous Equipment - Various Schools 

All Other Debt Appropriation $ 4,000,000 

418-007 Cecil Elementary School #7 

General Obligation Bonds Fund Appropriation $ 324,000 

418-012 Lakeland Elementary/Middle School #12 

General Obligation Bonds Fund Appropriation $ 2,836,000 

State Fund Appropriation $ 3,449,000 

418-019 Lexington Terrace #19 

General Obligation Bonds Fund Appropriation $ 373,000 

418-020 School Construction - Asbestos Removal 

General Obligation Bonds Fund Appropriation $ 844,000 

418-410 Mergenthaler VocatVTech. High School #410 

General Obligation Bonds Fund Appropriation $ 1,636,000 

State Fund Appropriation $ 5,000,000 



542 



1 997- 1 998 Session Ord. 98-353 



418-413 Harbor City Learning Center #413 

General Obligation Bonds Fund Appropriation $ 2,780,000 

State Fund Appropriation $ 5,000,000 

418-457 Laurence G. Paquin #457 

Other Special Fund Appropriation $ 1 20,000 

Provided that at least $3,000,000 of the total Capital Improvement 
appropriations appropriated above for the Department of Education 
must be reserved and used solely for the purposes of that Department's 
Technology Initiative (technology wiring, related renovations, etc.) 
and may not be transferred or expended for any other purpose. 

Finance, Department of 

146-025 Citywide Information Technology 

General Fund Appropriation $ 2,000,000 

146-026 Information Technology Board Strategic Plan 

General Fund Appropriation $ 3,162,000 

Waste Water Utility Fund Appropriation $ 357,000 

Waste Water Utility Fund Debt Restruct Appropriation $ 301,000 

Motor Vehicle Fund Appropriation $ 639,000 

Other Special Fund Appropriation $ 1,31 1,000 

Fire Department 

208-003 Engines 33, 19 Truck 5 Consolidation 

General Fund Appropriation $ 1,350,000 

208-019 Engine Company 53 - Replacement 

General Obligation Bonds Fund Appropriation $ 2,000,000 

208-026 Communication System - Modernization 

General Fund Debt Restructuring Appropriation $ 3,057,000 

Water Utility Fund Debt Restructuring Appropriation $ 337,000 

Motor Vehicle Fund Debt Restructuring Appropriation $ 1,160,000 

Health, Department of 

312-002 Eastern Health District Building - Expansion 

General Fund Appropriation $ 900,000 

312-004 Druid Health District - Elevator 

Other Special Fund Appropriation $ 25,000 



543 



Ord. 98-353 1 997- 1 998 SESSION 



Housing and Community Development, Department of 

588-132 Harford Road Public Improvements 

General Obligation Bonds Fund Appropriation $ 200,000 

588-234 Reisterstown Road - Community Development 

General Obligation Bonds Fund Appropriation $ 400,000 

588-283 Pimlico Race Track Impact Program 

State Fund Appropriation $ 262,000 

588-336 Sandtown 600 - 108 Loan 

Community Development Block Grant Appropriation $ 3,000,000 

588-337 Sandtown EDI/HZ 

Community Development Block Grant Appropriation $ 50,000 

588-340 Dolfield Commercial Area 

General Obligation Bonds Fund Appropriation $ 100,000 

588-343 Avenue Market Area Improvements 

General Obligation Bonds Fund Appropriation $ 250,000 

588-409 Washington Village Empowerment Zone 

General Obligation Bonds Fund Appropriation $ 200,000 

588-490 West Cross & West Hamburg Streets Housing 

Community Development Block Grant Appropriation $ 100,000 

588-500 East Baltimore Community Investment Bank 

General Fund Appropriation $ 1 ,000,000 

588-519 Hebcac 108 

Community Development Block Grant Appropriation $ 1 ,000,000 

588-604 Greenmount West - Community Development 

Community Development Block Grant Appropriation $ 150,000 

588-607 Oldtown - Community Development 

Community Development Block Grant Appropriation $ 100,000 

588-616 Nehemiah III 

Community Development Block Grant Appropriation $ 1,557,000 

588-715 HOPWA 

Federal Fund Appropriation $ 430,000 



544 



1 997- 1 998 Session Ord. 98-353 



588-802 City Housing Assistance Program Loans 

Community Development Block Grant Appropriation $ 500,000 

588-803 Deferred Loan Program 

Community Development Block Grant Appropriation $ 650,000 

588-805 Settlement Expense Loan Program 

General Obligation Bonds Fund Appropriation $ 3,000,000 

General Fund Appropriation $ 1,275,000 

588-810 Direct Homeownership Assistance Program 

General Obligation Bonds Fund Appropriation $ 2,000,000 

Community Development Block Grant Appropriation $ 800,000 

588-817 Annual Home Sale 

General Obligation Bonds Fund Appropriation $ 250,000 

Community Development Block Grant Appropriation $ 200,000 

588-830 Approachway Improvements 

General Obligation Bonds Fund Appropriation $ 100,000 

588-837 Facade Loan Program 

General Obligation Bonds Fund Appropriation $ 100,000 

588-838 Business Assistance Group 

General Obligation Bonds Fund Appropriation $ 500,000 

588-842 Spicer's Run 

Other Special Fund Appropriation $ 1,500,000 

588-843 Sandtown EDI/HO 

Federal Fund Appropriation $ 1 1,940,000 

Other Special Fund Appropriation $ 2,000,000 

588-844 Lexington Business Center/Cherry Hill 

Other Special Fund Appropriation $ 1,500,000 

588-848 Home Program 

General Obligation Bonds Fund Appropriation $ 2,000,000 

588-849 Partnership Rental Project 

General Obligation Bonds Fund Appropriation $ 500,000 

General Fund Appropriation $ 1 ,500,000 

588-852 Rental Rehabilitation 

Federal Fund Appropriation $ 100,000 



545 



ORD. 98-353 1997-1998 SESSION 



588-853 Vacant House Demolition 

General Obligation Bonds Fund Appropriation $ 500,000 

Community Development Block Grant Appropriation $ 4,000,000 

588-880 Public Housing - Replacement 

Community Development Block Grant Appropriation $ 50,000 

588-887 Emergency Acquisition Fund 

General Obligation Bonds Fund Appropriation $ 500,000 

588-888 Hardship Home Repair for the Elderly 

Community Development Block Grant Appropriation $ 200,000 

588-889 Roof Repair or Replacement for Elderly 

General Fund Appropriation $ 1 ,500,000 

588-893 Neighborhood Services and Improvement Program 

General Obligation Bonds Fund Appropriation $ 1 ,000,000 

Mayor & City Council Real Property Fund Appropriation $ 500,000 

Other Special Fund Appropriation $ 500,000 

588-894 Neighborhood Incentive Program 

General Obligation Bonds Fund Appropriation $ 300,000 

588-895 Geographic Information System Mapping 

Community Development Block Grant Appropriation $ 50,000 

588-917 Northern Scattered Site Acq/ Rehab Project 

Community Development Block Grant Appropriation $ 200,000 

588-920 Street Trees 

General Obligation Bonds Fund Appropriation $ 100,000 

588-927 Cottage Avenue Transitional 

Community Development Block Grant Appropriation $ 200,000 

588-928 Glenwood Life Center 

Community Development Block Grant Appropriation $ 100,000 

588-930 Walbrook Transitional 

Community Development Block Grant Appropriation $ 350,000 

588-931 Park Heights Assisted Living 

Community Development Block Grant Appropriation $ 350,000 

588-980 Lafayette Courts and Lexington Terrace 108 

Federal Fund Appropriation $ 13,000,000 



546 



1 997- 1 998 Session Ord. 98-353 



Library, Enoch Pratt Free 

457-021 Libraries - Public Access Technology 

Other Special Fund Appropriation $ 50,000 

457-022 CD-ROM Database Network System 

Other Special Fund Appropriation $ 25,000 

457-024 Central Library - Expansion 

State Fund Appropriation $ 2,365,000 

457-025 Pratt Library Bookmobile - Replacement 

General Fund Appropriation $ 50,000 

457-029 ISDN/FIBER Installation 

Other Special Fund Appropriation $ 200,000 

All Other Debt Appropriation $ 1 ,500,000 

457-200 Library Facilities - Modernization 

General Fund Appropriation $ 340,000 

Mayoralty 

127-048 MBE/WBE Disparity Study 

General Fund Appropriation $ 150,000 

127-049 Lake Clifton High School P.A.L. 

General Fund Appropriation $ 75,000 

127-096 Engine Company 1 12 Renovation 

General Fund Deappropriation $ (1 18,000) 

127-1 15 Walters Art Gallery - 1974 Wing Renovation 

Other Special Fund Appropriation $ 1,775,000 

127-125 Walters Art Gallery Safety Upgrades 

General Fund Appropriation $ 11 2,000 

Other Special Fund Appropriation $ 11 2,000 

127-131 Sandtown- Winchester Senior Center - Construction 

General Fund Appropriation $ 60,000 

Other Special Fund Appropriation $ 500,000 

127-141 Museum of Industry - Waterfront Promenade 

General Fund Appropriation $ 75,000 

State Fund Appropriation $ 250,000 

Other Special Fund Appropriation $ 200,000 



547 



Ord. 98-353 1997-1998 Session 



127-142 Museum of Industry - Renovation (Bldg. 1415) 

Federal Fund Appropriation $ 100,000 

Other Special Fund Appropriation $ 200,000 

127-143 Museum of Industry - Renovation (Bldg. 1425) 

State Fund Appropriation $ 250,000 

Other Special Fund Appropriation $ 200,000 

County Grant Fund Appropriation $ 100,000 

127-145 Baltimore Arena Feasibility Study 

General Fund Appropriation $ 450,000 

100,000 

127-148 Jones Falls/Penn Station Trail Study 

Federal Fund Appropriation $ 80,000 

Motor Vehicle Fund Appropriation $ 20,000 

483-014 Baltimore Zoo - Earth Conservation Center 

State Fund Appropriation $ 3,100,000 

Other Special Fund Appropriation $ 1 ,550,000 

483-015 Baltimore Zoo - Austral/ Asian Region 

State Fund Appropriation $ 1,350,000 

Other Special Fund Appropriation $ 675,000 

483-016 Baltimore Zoo - International Valley 

State Fund Appropriation $ 475,000 

Other Special Fund Appropriation $ 475,000 

483-030 the Baltimore Zoo - Field Station 

State Fund Appropriation $ 550,000 

Other Special Fund Appropriation $ 275,000 

524-002 Belair Market Roof 

General Fund Deappropriation $ (63,000) 

524-033 Cross Street Market (Main Drainage System) 

Waste Water Utility Fund Appropriation $ 500,000 

524-037 Northeast Market (Main Drainage System) 

Waste Water Utility Fund Appropriation $ 462,000 

529-035 Aquarium Rainforest Riverbank 

Other Special Fund Appropriation $ 2,050,000 

529-038 Aquarium Major Building Expansion 

Other Special Fund Appropriation $ 100,000 



548 



1 997- 1 998 Session Ord. 98-353 



529-048 Aquarium Changing Exhibit #3 

Other Special Fund Appropriation $ 60,000 

529-053 Chilled Water System 

Other Special Fund Appropriation $ 250,000 

529-054 Pier 3 & Pier 4 Plaza Improvements - South 

Other Special Fund Appropriation $ 1,250,000 

541-019 Baltimore Arena - Emergency Repairs 

General Fund Appropriation $ 60,000 

Museum of Art 

488-009 Museum of Art - Roof Replacement 

General Fund Appropriation $ 217,000 

State Fund Appropriation $ 228,000 

488-020 Museum of Art - Entrance Reconfiguration 

State Fund Appropriation $ 236,000 

Other Special Fund Appropriation $ 236,000 

Office of Employment Development 

641-004 Maryland Avenue Campus Renovation - Phase 1 

General Fund Appropriation $ 137,000 

Off-Street Parking Commission 

580-025 Hotel Garage and Inner Harbor East 

Revenue Bond Fund Appropriation $ 20,000,000 

580-030 Parcel C Garage at Inner Harbor East 

Revenue Bond Fund Appropriation $ 12,500,000 

580-035 Orion Garage at Calvert & Redwood Streets 

Revenue Bond Fund Appropriation $ 7,500,000 

Police Department 

206-400 Tactical/PAL Headquarters 

General Fund Appropriation $ 900,000 

206-401 Technical Equipment - Installation 

General Fund Appropriation $ 425,000 



549 



Ord. 98-353 1 997- 1 998 Session 



206-402 Purchase 50 Additional Police Cars 

General Fund Appropriation $ 1 ,000,000 

Public Works, Department of 

197-134 Asbestos Management Program 

General Fund Appropriation $ 2,200,000 

197-137 Facility Accessibility Modifications 

General Fund Appropriation $ 300,000 

197-807 Memorial Stadium Demolition 

State Fund Appropriation $ 850,000 

504-100 Footway Paving Construction Reserve 

Motor Vehicle Fund Appropriation $ 100,000 

Other Special Fund Appropriation $ 1 ,250,000 

504-200 Alley Paving Construction Reserve 

Motor Vehicle Fund Appropriation $ 1,250,000 

Other Special Fund Appropriation $ 1,250,000 

504-300 Sidewalks Damaged by Tree Roots - Repairs 

Motor Vehicle Fund Appropriation $ 1,957,000 

504-363 City Owned Footways 

Motor Vehicle Fund Appropriation $ 150,000 

507-001 Federal Aid Construction Reserve 

Motor Vehicle Fund Appropriation $ 1,000,000 

Other Special Fund Appropriation $ 375,000 

507-013 Charles Street Bridges 1101,1206,1210,1214 

Federal Fund Appropriation $ 1 ,600,000 

Motor Vehicle Fund Appropriation $ 400,000 

507-31 1 Russell Street Viaduct over Monroe Street 

Federal Fund Appropriation $ 9,100,000 

Motor Vehicle Fund Appropriation $ 2,275,000 

507-3 1 3 Enhancement Construction Reserve 

Federal Fund Appropriation $ 750,000 

Other Special Fund Appropriation $ 750,000 

507-412 Frederick Avenue Bridge 

Federal Fund Appropriation $ 650,000 

Motor Vehicle Fund Appropriation $ 150,000 



550 



1 997- 1 998 Session Ord. 98-353 



507-413 Monument Street under Amtrak 

Motor Vehicle Fund Appropriation $ 1 ,000,000 

507-752 Bridge Inspection Program 

Federal Fund Appropriation $ 800,000 

Motor Vehicle Fund Appropriation $ 200,000 

507-915 Traffic Signal Detectors - Installation 

Federal Fund Appropriation $ 605,000 

Motor Vehicle Fund Appropriation $ 150,000 

508-027 Orleans Street Viaduct 

Motor Vehicle Fund Appropriation $ 250,000 

508-035 Calvert Street Reconstruction 

Motor Vehicle Fund Appropriation $ 280,000 

508-037 Federal Street Reconstruction 

Motor Vehicle Fund Appropriation $ 770,000 

508-038 Wetheredsville Road Retaining Wall 

Motor Vehicle Fund Appropriation $ 500,000 

508-049 Hillsdale Road Extension 

Motor Vehicle Fund Appropriation $ 80,000 

508-076 On-call Bridge Engineering 

Motor Vehicle Fund Appropriation $ 200,000 

508-248 Dukeland Street Box Culvert - Replacement 

Motor Vehicle Fund Appropriation $ 500,000 

508-447 Wolfe Street - Reconstruction 

Motor Vehicle Fund Appropriation $ 100,000 

508-489 Housing & Community Development Streets 

Motor Vehicle Fund Appropriation $ 500,000 

508-555 Lancaster St. and Bulkhead Reconstruction 

Motor Vehicle Fund Appropriation $ 300,000 

508-747 Pennington Avenue Drawbridge Controls 

Motor Vehicle Fund Appropriation $ 500,000 

508-764 Forest Park Avenue Reconstruction 

Motor Vehicle Fund Appropriation $ 330,000 



551 



ORD. 98-353 1997-1998 SESSION 



508-773 Roland Avenue Reconstruction 

Motor Vehicle Fund Appropriation $ 200,000 

508-774 Inner Harbor Promenade 

Motor Vehicle Fund Appropriation $ 250,000 

508-775 Sun Street Reconstruction 

Motor Vehicle Fund Appropriation $ 2,371,000 

508-781 Bayview Boulevard Extension 

Motor Vehicle Fund Appropriation $ 50,000 

508-799 Sign Inventory and Upgrade 

Motor Vehicle Fund Appropriation $ 250,000 

508-800 Downtown Streetscape Improvement Program 

Motor Vehicle Fund Appropriation $ 2,000,000 

508-804 Alto Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 223,000 

508-823 Franklintown Road Bridge over Dead Run 

Motor Vehicle Fund Appropriation $ 100,000 

508-824 Waterview Avenue Bridge 

Motor Vehicle Fund Appropriation $ 250,000 

508-846 Mapping Program - Highways 

Motor Vehicle Fund Appropriation $ 450,000 

508-857 26th Street Retaining Wall 

Motor Vehicle Fund Appropriation $ 500,000 

508-882 Annapolis Road Bridge 

Federal Fund Appropriation $ 3,600,000 

Motor Vehicle Fund Appropriation $ 900,000 

508-909 Off-ramps Nb 1-83 to Eb Northern Pkwy 

Motor Vehicle Fund Appropriation $ 1 80,000 

508-91 1 Detection Equipment and Cameras 

Motor Vehicle Fund Appropriation $ 1 10,000 

508-918 Howard Street Widening Study 

Motor Vehicle Fund Appropriation $ 100,000 



552 



1 997- 1 998 Session Ord. 98-353 



508-919 Upgrade and Expansion Message Sign 

Motor Vehicle Fund Appropriation $ 100,000 

508-925 Cold Spring Lane - Reconstruction 

Motor Vehicle Fund Appropriation $ 667,000 

508-937 Lombard/Howard Streets Intersection 

Motor Vehicle Fund Appropriation $ 10,000 

508-939 Thirty-Third Street Improvements 

Motor Vehicle Fund Appropriation $ 1 80,000 

508-940 Druid Lake Jogging Path 

Motor Vehicle Fund Appropriation $ 265,000 

508-967 Hamilton Avenue Reconstruction 

Motor Vehicle Fund Appropriation $ 10,000 

508-984 Juvenile Justice Center 

Motor Vehicle Fund Appropriation $ 40,000 

508-985 Inner Harbor East 

Motor Vehicle Fund Appropriation $ 290,000 

508-990 Transportation Emissions Reduction Program 

State Fund Appropriation $ 858,000 

Motor Vehicle Fund Appropriation $ 200,000 

509-060 Forest Park Avenue - Resurfacing 

Motor Vehicle Fund Appropriation $ 30,000 

509-544 Taney Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 15,000 

509-556 Lorraine Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 170,000 

509-587 Nottingham Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 25,000 

509-656 Dixon Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 40,000 

509-666 Ridgeview Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 60,000 



553 



Ord. 98-353 1 997- 1 998 Session 



509-671 Baylis Street - Reconstruction 

Motor Vehicle Fund Appropriation $ 30,000 

509-784 People Mover System 

Federal Fund Appropriation $ 1 ,500,000 

Motor Vehicle Fund Appropriation $ 500,000 

509-840 Broadway Plaza Rehabilitation 

Motor Vehicle Fund Appropriation $ 372,000 

Other Special Fund Appropriation $ 375,000 

509-869 Adelle Terrace - Reconstruction 

Motor Vehicle Fund Appropriation $ 16,000 

509-87 1 Laurel Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 74,000 

509-873 Long Place - Reconstruction 

Motor Vehicle Fund Appropriation $ 13,000 

509-881 Milford Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 100,000 

510-008 Residential Lighting Improvements 

Motor Vehicle Fund Appropriation $ 420,000 

510-901 Street Light Pole Program 

Motor Vehicle Fund Appropriation $ 200,000 

512-001 New Traffic Signals 

Motor Vehicle Fund Appropriation $ 350,000 

512-004 Traffic Signal Conflict Monitors 

Motor Vehicle Fund Appropriation $ 175,000 

512-008 Traffic Signal Computer Replacement 

Motor Vehicle Fund Appropriation $ 100,000 

514-040 Cherry Hill Road - Resurfacing 

Motor Vehicle Fund Appropriation $ 330,000 

514-069 Rogers Avenue - Resurfacing 

Motor Vehicle Fund Appropriation $ 35,000 

514-109 Coldspring Lane - Resurfacing 

Motor Vehicle Fund Appropriation $ 60,000 



554 



1 997- 1 998 Session Ord. 98-353 



514-200 Local Street Resurfacing Program 

Motor Vehicle Fund Appropriation $ 10,000,000 

514-201 Park Heights Avenue - Resurfacing 

Motor Vehicle Fund Appropriation $ 47,000 

514-446 Gittings Avenue - Resurfacing 

Motor Vehicle Fund Appropriation $ 261 ,000 

514-450 Belle Avenue - Resurfacing 

Motor Vehicle Fund Appropriation $ 246,000 

514-456 Baltimore Street - Reconstruction 

Motor Vehicle Fund Appropriation $ 655,000 

514-458 Cross Country Boulevard - Resurfacing 

Motor Vehicle Fund Appropriation $ 250,000 

514-459 Edmondson Avenue - Resurfacing 

Motor Vehicle Fund Appropriation $ 15,000 

514-464 St. Georges Avenue - Resurfacing (South) 

Motor Vehicle Fund Appropriation $ 8,000 

514-486 Hillen Road - Resurfacing 

Motor Vehicle Fund Appropriation $ 100,000 

514-525 Dukeland Street Resurfacing 

Motor Vehicle Fund Appropriation $ 15,000 

514-526 Bush Street Resurfacing 

Motor Vehicle Fund Appropriation $ 30,000 

517-022 Solid Waste Equipment Storage/Repair Shop 

Motor Vehicle Fund Appropriation $ 150,000 

517-032 Northwest Transfer Station - Roadways 

Motor Vehicle Fund Appropriation $ 1,500,000 

517-569 Bresco Retrofit 

General Fund Appropriation $ 17,000,000 

520-020 Lakewood Avenue Relief Drain - Phase IV - const 

General Obligation Bonds Fund Deappropriation $ (5,100,000) 

520-080 Cove Avenue and Bungalow Road Storm Drain 

Motor Vehicle Fund Appropriation $ 200,000 



555 



Ord. 98-353 1 997- 1 998 Session 



520-099 Small Storm Drain Repairs 

Motor Vehicle Fund Appropriation $ 463,000 

520-125 Dixon Hill Storm Drain - construction 

Motor Vehicle Fund Appropriation $ 390,000 

520-132 Moore's Run Drainage Improvements 

General Obligation Bonds Fund Appropriation $ 4,483,000 

520-141 Fells Point Storm Drain Improvements 

General Obligation Bonds Fund Appropriation $ 617,000 

Motor Vehicle Fund Appropriation $ 23,000 

525-100 Jones Falls - Highway Impact Mitigation 

Motor Vehicle Fund Appropriation $ 600,000 

525-136 Real-time Stream Flooding Model 

Motor Vehicle Fund Appropriation $ 1 80,000 

525-139 Open Channel Drainage Facility Study 

Motor Vehicle Fund Appropriation $ 200,000 

525-141 Flood Plain Database Study 

Motor Vehicle Fund Appropriation $ 100,000 

525-437 Brooklyn Storm Water - Phase II 

Motor Vehicle Fund Appropriation $ 144,000 

525-447 Herring Run Habitat Improvement Study 

Motor Vehicle Fund Appropriation $ 300,000 

525-449 Jones Falls Debris Collector 

Motor Vehicle Fund Appropriation $ 1 50,000 

525-615 Herring Run - Street Impact Mitigation 

Motor Vehicle Fund Appropriation $ 100,000 

525-642 Federal Hill Slope Stabilization 

State Fund Appropriation $ 500,000 

Motor Vehicle Fund Appropriation $ 500,000 

551-233 Waste Water System - Annual Improvements 

Revenue Bond Fund Appropriation $ 650,000 

County Grant Fund Appropriation $ 650,000 



556 



1 997- 1 998 Session Ord. 98-353 



551-31 1 Back River Sludge Dewatering 

Revenue Bond Fund Appropriation $ 6,560,000 

County Grant Fund Appropriation $ 6,560,000 

551-338 Pumping Stations Rehabilitation 

Revenue Bond Fund Appropriation $ 1 ,516,000 

County Grant Fund Appropriation $ 650,000 

551-401 Sewer Replacement Projects 

Revenue Bond Fund Appropriation $ 1 ,000,000 

551-402 Combined Sewer Separation Program 

Revenue Bond Fund Appropriation $ 2,000,000 

551-403 Small Sewer Extensions and Improvements 

Revenue Bond Fund Appropriation $ 750,000 

551-404 Infiltration/Inflow Correction Program 

Revenue Bond Fund Appropriation $ 1 ,500,000 

551-433 Franklin Street Maintenance Yard 

Revenue Bond Fund Appropriation $ 3,180,000 

551-522 Patapsco WWTP - Reactors - Renovations 

Revenue Bond Fund Appropriation $ 192,000 

County Grant Fund Appropriation $ 408,000 

551-526 Back River Digester Renovations 

Revenue Bond Fund Appropriation $ 200,000 

County Grant Fund Appropriation $ 200,000 

551-530 Public Works - Geographic Information System 

Revenue Bond Fund Appropriation $ 2,000,000 

551-555 Back River Electrical Distribution Improv. 

Revenue Bond Fund Appropriation $ 60,000 

County Grant Fund Appropriation $ 60,000 

551-570 Patapsco Fine Screens Influent Channel 

Revenue Bond Fund Appropriation $ 40,000 

County Grant Fund Appropriation $ 85,000 

551-571 PWWTP Chlorination/Dechlorination Process 

Revenue Bond Fund Appropriation $ 499,000 

County Grant Fund Appropriation $ 1 ,061 ,000 



557 



Ord. 98-353 1997-1998 Session 



551-573 Back River Improvement Laboratory HVAC 

Revenue Bond Fund Appropriation $ 25,000 

County Grant Fund Appropriation $ 25,000 

551-574 Supplemental Environmental Projects 

County Grant Fund Appropriation $ 1 ,088,000 

557-03 1 Water Supply System - Improvements 

Waste Water Utility Fund Debt Restruct Appropriation $ 500,000 

County Grant Fund Appropriation $ 200,000 

557-034 Guilford and Cromwell Pumping Station - Impr. 

Revenue Bond Fund Appropriation $ 960,000 

County Grant Fund Appropriation $ 2,040,000 

557-069 Prettyboy Dam - Repairs 

Revenue Bond Fund Appropriation $ 2,407,000 

County Grant Fund Appropriation $ 1,413,000 

557-083 Chlorine Leak Detection & Telemetry System 

Revenue Bond Fund Appropriation $ 240,000 

County Grant Fund Appropriation $ 240,000 

557-099 Mapping Program - Water Supply System 

Revenue Bond Fund Appropriation $ 450,000 

557-100 Water Infrastructure Rehabilitation 

Revenue Bond Fund Appropriation $ 5,000,000 

557-101 Water Mains - Installation 

Revenue Bond Fund Appropriation $ 500,000 

557-120 Lead Paint Abatement - Water Supply System 

Revenue Bond Fund Appropriation $ 324,000 

County Grant Fund Appropriation $ 191,000 

557-122 Eastside Maintenance Yard - Construction 

Revenue Bond Fund Appropriation $ 1,192,000 

County Grant Fund Appropriation $ 700,000 

557-128 Water Meter Conversion and Installation 

Revenue Bond Fund Appropriation $ 500,000 

557-130 Water System Cathodic Protection 

Revenue Bond Fund Appropriation $ 160,000 

County Grant Fund Appropriation $ 40,000 



558 



1 997- 1 998 Session Ord. 98-353 



557-152 Ashburton Sedimentation Basin Improvements 

Revenue Bond Fund Appropriation $ 2,804,000 

County Grant Fund Appropriation $ 1 ,646,000 

557-153 Water Quality Assurance Study 

Revenue Bond Fund Appropriation $ 756,000 

County Grant Fund Appropriation $ 444,000 

557-300 Water Facilities - Annual Improvements 

Revenue Bond Fund Appropriation $ 504,000 

County Grant Fund Appropriation $ 296,000 

557-314 Montebello Water Center - Rehab. 

Revenue Bond Fund Appropriation $ 901 ,000 

County Grant Fund Appropriation $ 529,000 

557-400 Valve and Hydrant Replacement - Annual 

Waste Water Utility Fund Debt Restruct Appropriation $ 500,000 

557-630 Public Works - Geographic Information System 

Revenue Bond Fund Appropriation $ 2,000,000 

557-701 Supplemental Environmental Projects 

Waste Water Utility Fund Debt Restruct Appropriation $ 1 ,008,000 

County Grant Fund Appropriation $ 592,000 

557-91 1 Hillen Pumping Station - Construction 

Revenue Bond Fund Appropriation $ 1,503,000 

County Grant Fund Appropriation $ 9,233,000 

557-913 Pikesville Reservoir 

Revenue Bond Fund Appropriation $ 1 ,544,000 

557-919 Fullerton Water Supply Facilities - Construction 

Revenue Bond Fund Appropriation $ 700,000 

563-001 Conduit Construction Reserve 

Other Special Fund Appropriation $ 1 ,000,000 

563-512 Conduit Record Automation 

Other Special Fund Appropriation $ 200,000 

563-513 Conduit Occupancy Evaluation 

Other Special Fund Appropriation $ 400,000 



559 



Ord. 98-353 1 997- 1 998 Session 



Recreation and Parks, Department of 

474-258 Recreation Center Roof/HVAC Repair 

General Obligation Bonds Fund Appropriation $ 1,000,000 

474-264 Street Tree Planting Program 

Motor Vehicle Fund Appropriation $ 100,000 

474-450 Park Rehabilitation Program 

State Open Space Fund Appropriation $ 450,000 

474-451 Swimming Pool/Bathhouse Renovation Program 

General Obligation Bonds Fund Appropriation $ 500,000 

474-453 Baltimore Playlot Project 

General Fund Appropriation $ 200,000 

State Open Space Fund Appropriation $ 600,000 

474-454 Basketball Courts/Tennis Courts/Ballfields 

General Fund Appropriation $ 50,000 

State Open Space Fund Appropriation $ 150,000 

474-460 Park Buildings - Modernization 

General Fund Appropriation $ 100,000 

State Open Space Fund Appropriation $ 300,000 

474-566 Druid Hill Park Conservatory - Exhibit Space 

State Open Space Fund Appropriation $ 1,500,000 

474-567 Robert E. Lee Park - Bridge Replacement 

Motor Vehicle Fund Appropriation $ 500,000 

474-569 Middle East Neighborhood Recreation Improv. 

State Fund Appropriation $ 200,000 

Section 3. And be it further ordained, That the amounts set forth 
in Section 2 above designated deappropriations and enclosed in parentheses 
shall revert to the surpluses of the respective funds and be available for 
appropriation by this or subsequent ordinances. 

Section 4. And be it further ordained, That: 

(a) The City reasonably expects to reimburse the expenditures 
described in Subsection (b) of this Section with the proceeds of one or more 
obligations (as such term is used in Treas. Reg. Section 1.1 50- 1(b) to be 



560 



1 997- 1 998 Session Ord. 98-353 



incurred by the City (or any entity controlled by the City within the meaning 
of Treas. Reg. Section 1.150-1). The City intends that this Section of this 
Ordinance of Estimates (as this Ordinance of Estimates may be amended 
from time to time) shall serve as a declaration of the City's reasonable 
intention to reimburse expenditures as required by Treas. Reg. Section 
1.150-2 and any successor regulation. 

(b) The City intends that this declaration will cover all reimbursement 
of expenditures for capital projects or programs approved in the capital 
budget contained in this Ordinance of Estimates to the extent that the City 
has appropriated in this Ordinance of Estimates to pay the cost thereof from 
one or more obligations to be issued by the City (or any entity controlled by 
the City within the meaning of Treas. Reg. Section 1.150-1). The term 
"obligation" (as such term is defined in Treas. Reg. Section 1.150(b) and as 
used in this Section) includes general obligation bonds and notes, revenue 
bonds and notes, leases, conditional purchase agreements and other 
obligations of the City (or any entity controlled by the City within the 
meaning of Treas. Reg. Section 1.150-1). 

(c) The maximum anticipated debt expected to be incurred by the City 
to reimburse the cost of each capital project or program in this Ordinance of 
Estimates is the applicable appropriation listed in this Ordinance of 
Estimates from the proceeds of one or more obligations, as such 
appropriations may be increased or decreased. 

Section 5. And be it further ordained, That no part of the amounts 
appropriated in this Ordinance of Estimates shall be made available to pay 
for costs of any capital project not specifically approved through this 
Ordinance of Estimates or without the prior consent of the City Council; and 
provided further that no part of the amounts appropriated in this Ordinance 
of Estimates shall be made available to any agency without the prior 
approval of the City Council to pay for occupancy, by lease or otherwise, of 
any facility whose costs exceed the amounts provided in the detail 
supporting this Ordinance of Estimates. 



561 



Ord. 98-353 



1997-1998 Session 



SECTION 6. The foregoing appropriations in summary consist of: 



Fund 



Operating 



Capital 



Total 



General 


$ 831,887,000 


$ 45,119,000 


$ 877,006,000 


Motor Vehicle 


127,915,000 


44,799,000 


172,714,000 


Federal 


224,311,153 


59,362,000 


283,673,153 


State 


65,959,058 


42,411,000 


108,370,058 


Water Utility 


75,701,000 


2,646,000 


78,347,000 


Waste Water Utility 


112,503,000 


1,319,000 


113,822,000 


Loan & Guarantee Enterprise 4,208,000 





4,208,000 


Parking Enterprise 


14,400,000 





14,400,000 


Special 


19,130,437 


143,807,000* 


162,937,437 


Parking Management 


8,296,000 





8,296,000 


Convention Center Bond 


4,637,000 





4,637,000 


General Obligation Bonds 


34,307,000 


34,307,000 




$1,488,947,648 


$373,770,000 


$1,862,717,648 



*Consi sting Of: 

County $28,451,000 

Revenue Bonds & Notes $82,617,000 

M&CC Real Property Account $ 3,000,000 

All Other Debt $ 5,500,000 

Other Fund Sources $24,239,000 



Approved by the Board of Estimates 



President 



Mayor 



Comptroller 



562 



1 997- 1 998 Session Ord.98-354 



Director of Public Works 



City Solicitor 

BOARD OF ESTIMATES 



Approved June 30, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-354 
Council Bill 98-708 

An Ordinance Concerning 

Bond Issue — Enoch Pratt Library Loan — $3,000,000 

FOR the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution I of 1998 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Three Million Dollars ($3,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Enoch Pratt Library; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 



563 



ORD. 98-354 1 997- 1 998 SESSION 



provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Baltimore City on 
Tuesday, the 3rd day of November, 1998; and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution I of 1998 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Three Million Dollars 
($3,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Enoch Pratt Library as authorized 
by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Three Million 
Dollars ($3,000,000.00), from time to time, as may be needed or required 



564 



1 997- 1 998 Session Ord. 98-354 



for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 



565 



ORD. 98-354 1 997- 1 998 SESSION 



(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 



566 



1 997- 1 998 Session Ord. 98-354 



but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the General Election to be held in Baltimore City, on 
Tuesday, the 3rd day of November, 1998. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 



567 



ORD. 98-354 1 997- 1 998 SESSION 



of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Enoch Pratt 
Library; and to equip all buildings authorized to be constructed, renovated, 
altered or improved under the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 



568 



1 997- 1 998 Session Ord. 98-354 

redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) realizing savings to Baltimore City in the aggregate cost 
of debt service on either a direct comparison or present value basis; or 

(2) debt restructuring that: 

(i) in the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 



569 



ORD. 98-354 1 997- 1 998 SESSION 



advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 



570 



1 997- 1 998 Session Ord. 98-355 



provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved July 8, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-355 
Council Bill 98-642 

An Ordinance Concerning 

Zoning — Conditional Use Housing for the Elderly — 
1627 Eastern Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of housing for the elderly on 
the property known as 1627 Eastern Avenue, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2-ld-5 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of housing for the elderly on the property 
known as 1627 Eastern Avenue, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 6.2-ld-5 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

(1) this conditional use approval applies only to the third and 

fourth floors of the building; 

(2) the first and second floors of the building remain subject to 

all B-2-3 zoning requirements; 



571 



Ord. 98-356 1 997- 1 998 Session 



(3) the number of apartment units for the elderly may not exceed 

22; 

(4) all requirements for adequate off-street parking must be 
met; and 

(5) the housing for the elderly compli e s must comply with all 

applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 2, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-356 
Council Bill 98-693 

An Ordinance Concerning 



Zoning — Conditional Use Community Correction Center — 
5005 Liberty Heights Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a community correction 
center on the property known as 5005 Liberty Heights Avenue, as 
outlined in red on the accompanying plat. 



572 



1 997- 1 998 Session Ord. 98-356 



By authority of 

Article 30 - Zoning 

Section(s) 4.4-ld-8, 6.2-ld-7, and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a community correction center on the 
property known as 5005 Liberty Heights Avenue, as outlined in red on the 
plat accompanying this Ordinance, in accordance with Article 30, §§ 4.4- 
ld-8, 6.2-ld-7, and 1 1.0-6d of the Baltimore City Code, subject to the 
condition that following conditions, applicable to Youth Enterprises, Inc., 
and any successor: 

(1) the facility must establish an Advisory Committee that: 

(i) consists of 3 members; 

(ii) is chaired by a member of the Howard Park community 
who is unaffiliated with the facility; and 

(iii) meets at least quarterly; 

(2) no more than 10 clients at a time may be served at the facility; 

(3) clients served must be at least 8 years old and less than 15 years 

old; 

(4) all clients must be closely supervised and in no event allowed to 

leave the facility without supervision; 

(5) during the hours between 8 a.m. and 1 1 p.m. (or any later 

bedtime hour), the facility must maintain a ratio of 1 staff 
member for every 3 clients; 

(6) after 1 1 p.m. (or any later bedtime hour), at least 2 staff 

members must provide on-site supervision of the facility; and 

(7) the community correction center complies must comply with all 

applicable federal, state, and local licensing and certification 
requirements. 



573 



ORD. 98-357 1 997- 1 998 SESSION 



Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 2, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-357 
Council Bill 98-770 

An Ordinance Concerning 



Zoning — Conditional Use Service and Housing Center 
301-321 North High Street — Amending Ordinance 94-300 

For the purpose of amending Ordinance 94-300, which authorized a service 
and housing center on the property known as 301-321 North High 
Street, to increase the number of beds permitted in the facility, change 
the name of the organization operating the Center, change the 
membership of the Board of Directors, repeal provisions establishing 
the Advisory Council, repeal certain provisions regarding conduct of 
the center and location of certain facilities, and amend provisions 
regarding investigation of complaints. 

By repealing and reordaining, with amendments 

Ordinance 94-300 

Section(s) 1, 2(a), (d), (h), (k), and (1) 

By repealing 

Ordinance 94-300 

Section(s) 1, 2(e), (f), (g), (i), (j). (m), and (n) 

574 



1 997- 1 998 Session Ord. 98-357 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Ordinance 94-300 

Section 1. Be it ordained by the Mayor and 
City Council of Baltimore, That permission is hereby 
granted for the establishment, maintenance and operation 
of a service and housing center with a maximum of [207] 
275 beds on the property known as 301-321 N. High Street, 
as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 6.2-ld-l and 
1 1.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) titled "Zoning". 

Section 2. And be it further ordained, That this 
ordinance is enacted subject to the following conditions: 

a) the Center shall be operated by the 
[Maryland Veterans Project, Inc.] Maryland 
Center for Veterans Education and 
Training, Inc.; 

d) [one (1)] 1 seat on the Board of Directors 
shall be [held by a member of the Old Town Mall 
Merchants Association or a member of the 
Community at large] available to a 
representative designated by a local 
community group; 

[e) there shall be an Advisory Council, a 
majority of whose members shall be from the 
immediate community, one of whose purposes 
shall be to hold open discussions concerning 
security in and around the Mall; 

f) a minimum of ten percent (10%) of the 
members of the Advisory Council shall be 
members of the Old Town Mall Merchants 
Association and a minimum of ten percent (10%) 
of the members of the Advisory Council shall be 
members of the community at large; 



575 



ORD. 98-357 1 997- 1 998 SESSION 



g) the Old Town Mall Merchants Association 
shall at all times be provided with the current 
name and telephone number of the Center Duty 
Officer, for purposes of assisting the Center to 
monitor any unacceptable conduct of its residents 
who may be in the vicinity of the Mall;] 

[h)] E) the [Duty Officer] Executive 
Director for the Center shall personally 
investigate, or cause to be immediately 
investigated, any disturbance by a resident which 
is reported by [the Association] any member of 

THE NEARBY COMMUNITY; 

[i) the Center shall coordinate with the 
Association the periodic collection of paper and 
debris in and around the area of the Old Town 
Mall; 

j) area schools shall be provided the 
opportunity to temporarily assign troubled youth to 
work inside the facility for supervision by the 
Center and tutelage by the veterans;] 

[k)] F) all area merchants shall be provided 
the opportunity to list employment openings with 
the Employment and Training Officer for the 
Center; AN£ 

[1)] G) the entrance for the Center for use by 
residents shall be on the Exeter and Low Streets 
side of the buildingf;} and 

H) A 6-FOOT METAL PICKET FENCE MUST BE 
ERECTED ON THE LOW STREET AND HIGH STREET 
SIDES OF THE PARKING AREA . 

[m) the entrance of the Center for use by the 
staff shall be on the High Street side of the 
building; and 

n) a fire escape for the building shall be 
located on the High Street side of the building.] 



576 



1997-1998 Session Ord. 98-358 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved November 2, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-358 
Council Bill 98-791 

An Ordinance Concerning 

Zoning — Conditional Use Pawnshop — 
4500 Erdman Avenue 

FOR the purpose of permitting, subject to certain conditions, the 
establishment, maintenance, and operation of a pawnshop on the 
property known as 4500 Erdman Avenue, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id- 17 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a pawnshop on the property known as 4500 
Erdman Avenue, as outlined in red on the plat accompanying this 
Ordinance, in accordance with Article 30, §§ 6.2- Id- 17 and 11.0-6d of the 
Baltimore City Code, subject to the condition that following conditions : 

1 . the maximum area allowed for the pawnshop is 2,700 square 
feet; 

2. the signage must be in conformance with the New Freedom 
Shopping Center Planned Unit Development; 

3. the sale or trading of guns and firearms is prohibited; and 



577 



Ord. 98-359 1 997- 1 998 Session 



4^ the pawnshop complies must comply with all other applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 2, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-359 
Council Bill 98-812 

An Ordinance Concerning 

Prepayable Criminal Citations 

FOR the purpose of reinstating the use of prepayable criminal citations for 
certain offenses; providing for the authority of Special Enforcement 
Officers; specifying the offenses for which these criminal citations may 
be used; providing for the form and contents of these citations; 
providing procedures for their issuance; providing procedures for 
compliance; specifying the amount of the prepayable fine for the 
designated offenses; providing for special effective dates; and generally 
relating to the enforcement of certain offenses by prepayable criminal 
citations. 



578 



1 997- 1 998 Session Ord. 98-359 



By repealing and reordaining, with amendments 

Article 19 - Police Ordinances 

Section(s) 144(b) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

BY adding 

Article 19 - Police Ordinances 

Section(s) 144(f) and 145 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Special Enforcement Officers 

§ 144. Appointment; duties. 

(b) Duties. 

(1) [Upon] On their appointment, [the officers shall have the 
power to] Special Enforcement Officers may serve 
summonses and [to] issue CRIMINAL citations to appear before 
the housing part of the District Court for Baltimore City in 
proceedings for enforcement of any City ordinance, regulation, 
or public local law pertaining to buildings, housing, zoning, 
fire, public health, and sanitation. 

(2) ["Citation"] "CRIMINAL CITATION" means a written or printed 
charging document with a summons to appear for trial. 

(f) Additional authority. 

In addition to issuing prepayable criminal citations under 
§ 145 of this article, Special Enforcement Officers may 
issue and serve civil administrative citations to appear 
before the environmental control board under article 1 , 
§ 295 et seq. of the city code. 



579 



Ord. 98-359 1 997- 1 998 Session 

§ 145. Prepayable criminal citations. 

(a) Citation with prepayable fine. 

The criminal citations that Special Enforcement Officers 
are authorized to issue may provide that the recipient may 
waive trial and prepay a specified fine. 

(b) Limitation on use. 

the authority of the special enforcement officers to issue 
prepayable citations is limited to violations that are 
specifically enumerated in this section and for which a 
specific prepayable fine is designated in this section. 

(c) Procedure for issuance. 

(1) Prior notice. 

Notwithstanding any other provision of the City Code 
to the contrary, notice need not be given before 
issuance of a criminal citation under this section if, 
within the preceding 12 months: 

(i) a notice for a prior violation of the same 

provision of law at the same address was issued 
to the same person, following which the 
violation was abated; or 

(ii) a citation for the same violation at the same 
address was issued to the same person. 

(2) Certification. 

Every citation shall contain a certification signed by 
the issuing officer under penalties of perjury that the 
facts contained in the citation are true to the best of 
the officer's information, knowledge, and belief. 



580 



1 997- 1 998 Session Ord. 98-359 



(3) Numbering; cancellation. 

Citations issued under this section shall be numbered 
consecutively. after issuance, no citation may be 
canceled or voided except by the district court. 

(4) Distribution of original and copies. 

Each citation shall be made with sufficient copies so 
that a copy can be served on the defendant or an agent 
authorized to receive court process, a copy retained by 
the officer, and copies provided as necessary for 
prosecution and collection purposes. after issuance 
and service, the issuing officer shall promptly file the 
original with the district court. 

(5) Dates entered. 

On each citation, the Special Enforcement Officer shall 

ENTER: 

(i) a trial date that is at least 2 weeks after the 
date of issuance ; and 

(n) a date by which the specified fine may be paid if 
the recipient wishes to waive trial. 

(6) Recipient's statement and signature. 

The recipient of a citation is required to sign a 
statement on the citation acknowledging its receipt 
and promising to either appear for the scheduled trial 
or prepay the specified fine as directed. failure to sign 
does not invalidate a citation. 

(7) Identification. 

It is unlawful for any person to whom a citation is 
issued to refuse to provide personal identification on 
request. any person so refusing is subject to police 

ARREST AND, ON CONVICTION, TO A FINE NOT TO EXCEED $500. 



581 



Ord. 98-359 1 997- 1 998 Session 



(d) Procedure for compliance. 

( 1 ) Prepayment of the fine constitutes a waiver of the right 
to trial. Prepayment authorizes the entry of a plea of 
no contest and a disposition of the charge in 
accordance with the facts contained in the citation. 

(2) if payment of the fine has not been made in the time and 
manner directed, the recipient shall appear for trial in 
the housing part of the district court of maryland for 
Baltimore City on the scheduled date. 

(3) The citation shall set forth a means by which the 
recipient may request the presence of the issuing officer 
at the trial. if the officer is not present at the trial 
and his or her presence has not been requested, the 
citation constitutes a stipulation by the recipient that 
if the officer were present at the trial, the officer 
would testify that the facts are as set forth in the 
CITATION. This stipulation, however, is not a waiver of 
the recipient's right to testify and to controvert the 
facts forth in the citation. the facts set forth in the 
citation shall be offered at the trial as all or part of 
the prosecution's case. 

(4) Where the fine has not been prepaid as directed and the 
recipient fails to appear for trial on the scheduled 
date, the recipient is subject to the issuance of a bench 
warrant for arrest or the issuance of a show cause 
order for contempt of court. no bench warrant may 
issue until 5 days after the scheduled trial date. 

(e) form of citation. 

Citations issued under this section shall be in a form 
approved by the district court of maryland. 

(f) Contents of citation. 

The contents of citations issued under this section shall 
comply with all relevant requirements of the maryland 
Rules of Procedure and with § 1 6- 1 6a of the Public Local 
Laws of Baltimore City. 



582 



1 997- 1 998 Session Ord. 98-359 



(g) Continuing and recurring violations. 

( 1 ) Where the provision of law that has been violated 
provides that the continuation or recurrence of a 
violation constitutes a separate offense, a separate 
citation may be issued for each such separate offense. 

(2) for 1 2 months after the district court has disposed of a 
citation other than by a verdict of "not guilty", the fine 
specified for a violation is doubled on any citation 
issued to the same person for recurrence of the same 
violation at the same address. 

(3) Issuance of a citation under this section does not 
preclude pursuit of other remedies and enforcement 

ACTIONS. 

(h) Implementation. 

Uniform administrative procedures for implementing this 
section shall be jointly devised and adopted by the 
Commissioner of Housing and Community Development, the 
Chief of the Fire Department, and the Commissioner of 
Health, in consultation with the District Court on any 
matter affecting the Court's operation. 

(i) Enumeration of code violations and penalties. 

The authority of Special Enforcement Officers to issue 
criminal citations with specified prepayable fines is limited 
to the following provisions of the baltimore clty code, as 
those provisions may be amended from time to time: 

(1) Article 9. Fire Prevention Code 

§ F- 1 1 0. 1 . Unsafe conditions $ 1 00 

§F-601.8. Overcrowding 

1 - 99 PEOPLE OVER CAPACITY $ 1 00 

1 00 - 1 99 PEOPLE OVER CAPACITY $250 



583 



ORD. 98-359 1 997- 1 998 SESSION 

200 OR MORE PEOPLE OVER CAPACITY $500 

§F-608.1 Egress Doors — Openable $250 

(2) Article 30. Zoning Code 

§4.0-1 d. Residence Districts — 

prohibited uses; outdoor storage or 
maintenance of certain vehicles $ 50 

§ 5 .0- 1 d. Office-Residence District — 
prohibited uses; outdoor storage or 
maintenance of certain vehicles $ 50 

§ 6.0- Id. Business Districts — 

prohibited uses; storage or maintenance 

OF CERTAIN VEHICLES $ 50 

§ 11.0-2D. USE OF LAND OR STRUCTURE 

WITHOUT PROPER OCCUPANCY CERTIFICATE 

or use permit $100 

(3) Article 32. Building Code 

§ 3409.2 -A Sanitary maintenance — 

General; Exteriors; Interiors $ 50 

§3409.5. Sanitary Maintenance — 

responsibilities of occupants $ 50 

Section 2. And be it further ordained, That if Bill 98-xxx {dlr 
98-1051 (Revised Code — Zoning)} is enacted, the Laws of Baltimore, as 
enacted by Section 1 of this Ordinance, read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Special Enforcement Officers 

§ 145. Prepayable criminal citations. 

(i) Enumeration of code violations and penalties. 



584 



1 997- 1 998 Session Ord. 98-359 



The authority of Special Enforcement Officers to issue criminal 
citations with specified prepayable fines is limited to the following 
provisions of the Baltimore City Code, as those provisions may be 
amended from time to time: 

(2) [Article 30.] Zoning Code 

[§ 4.0- Id. Residence Districts — 

prohibited uses; outdoor storage or 

maintenance of certain vehicles $ 50 

§ 5.0- Id. Office-Residence District — 
prohibited uses; outdoor storage or 
maintenance of certain vehicles $ 50 

§ 6.0- Id. Business Districts — 

prohibited uses; storage or maintenance 

of certain vehicles $ 50 

§ 1 1 .0-2d. Use of land or structure 

without proper occupancy certificate 

or use permit $100] 

§ 2-402. Use permit required $100 

§3-107. Prohibited uses — 

Storage, etc., of vehicles $ 50. 

Section 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained, That Section 1 of this 
Ordinance takes effect on the date it is enacted. 

Section 5. And be it further ordained, That Section 2 of this 
Ordinance takes effect on the effective date of Bill 98-xxx {dlr 98-1051 
(Revised Code — Zoning) } or, if this Ordinance is enacted after that date, 
on the date this Ordinance is enacted. 

Approved November 2, 1998 

Kurt L. Schmoke, Mayor 



585 



Ord. 98-360 1 997- 1 998 Session 



City of Baltimore 
Ordinance 98-360 
Council Bill 98-732 

An Ordinance Concerning 

Zoning — Conditional Use Convalescent, Nursing, and Rest Home — 
2900 Evergreen Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 2900 Evergreen Avenue, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.5-1 d-1 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 2900 Evergreen Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.5-1 d-1 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

(1) the maximum number of occupants in the facility is 10 senior 

citizen residents (aged 60 years or older) and 2 resident 
managers; 

(2) there may be no more than 2 persons per sleeping room; and 

(3) the home complies must comply with all applicable federal, 

state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 



586 



1 997- 1 998 Session Ord. 98-36 1 



Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-361 
Council Bill 98-751 

An Ordinance Concerning 

Zoning — Conditional Use Non-profit Home for the 

Rehabilitation of Non-bedridden Alcoholic Persons and 

for the Care and Custody of Homeless Persons — 

1701 West Pratt Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a non-profit home for the 
rehabilitation of non-bedridden alcoholic persons and for the care and 
custody of homeless persons on the property known as 1701 West Pratt 
Street, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.8-ld-2 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a non-profit home for the rehabilitation of 
non-bedridden alcoholic persons and for the care and custody of homeless 
persons on the property known as 1701 West Pratt Street, as outlined in red 
on the plat accompanying this Ordinance, in accordance with Article 30, §§ 
4.8-ld-2 and 1 1.0-6d of the Baltimore City Code, subject to the condition 
that following conditions: 



587 



ORD. 98-362 1 997- 1 998 SESSION 



(1) the maximum number of dwelling units in the facility is 35: 

(2) the applicants must provide at least 2 off-street parking spaces 
on the site; and 

(3) the home complies must comply with all applicable federal, 

state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-362 
Council Bill 98-764 

An Ordinance Concerning 

Zoning — Conditional Use Parking Lot — 
3023-3027 Clifton Avenue 

FOR the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of an open off-street parking 
area on the property known as 3023-3027 Clifton Avenue, as outlined 
in red on the accompanying plat. 



588 



1 997- 1 998 Session Ord. 98-363 



By authority of 

Article 30 - Zoning 

Section(s) 4.6-ld-3 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area on the 
property known as 3023-3027 Clifton Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.6-ld-3 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

(1) the parking lot must comply with the site plan attached to this 

ordinance, including landscaping and screening; and 

(2) the open off-street parking lot complies must comply with all 

applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-363 
Council Bill 98-765 



589 



Ord. 98-363 1 997- 1 998 Session 



An Ordinance Concerning 

Zoning — Health-Care Facilities — Conditional Use Drug 

Abuse Rehabilitation and Treatment Center — 

349 South Pulaski Street 

FOR the purpose of permitting, subject to certain conditions, the 
establishment, maintenance, and operation of a drug abuse 
rehabilitation and treatment center on the property known as 349 South 
Pulaski Street, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 
Section(s) 4.8-ld-6 and 1 1.0-6d 
and 

Article 12 - Hospitals 

Section 1 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drug abuse rehabilitation and treatment 
center on the property known as 349 South Pulaski Street, as outlined in red 
on the plat accompanying this Ordinance, in accordance with Article 30, §§ 
4.8-ld-6 and 1 1.0-6d and Article 12, § 1 of the Baltimore City Code, subject 
to the condition that following conditions: 

(1) the maximum number of residents in the program is 15; and 

(2) the drug abuse rehabilitation and treatment center complies 

must comply with all applicable federal, state, and local 
licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 



590 



1 997- 1 998 Session Ord. 98-364 



Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-364 
Council Bill 98-794 

An Ordinance Concerning 



Supplementary Loan Fund Capital Appropriation — 
Department of Housing and Community Development — $3,000,000 

For the purpose of providing a Supplementary Loan Fund Capital 

Appropriation in the amount of $3,000,000 to Housing and Community 
Development — (Account #991 1-588-71 1) to finance eligible 
expenses in the new construction of Redwood Towers; and providing 
for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents proceeds from 
2nd Residential Energy Conservation Financing bonds in excess of the 
revenue relied on by the the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 



591 



ORD. 98-365 1 997- 1 998 SESSION 



This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On September 23, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,000,000 shall be made available to the Department of 
Housing and Community Development — (Account #991 1-588-71 1) ) as a 
Supplementary Loan Fund Capital Appropriation for Fiscal Year 1999, to 
finance eligible expenses in the new construction of Redwood Towers . The 
source of revenue for this appropriation is the 2nd Residential Energy 
Conservation Financing bonds in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1 999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-365 
Council Bill 98-802 

An Ordinance Concerning 

Sale of Property — The Former Bed of Imla Street 

FOR the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in and to a certain 
parcel of land know as the former bed of Imla Street, extending from 
Eastern Avenue, southerly 152.5 feet to the southernmost extremity 
thereof, no longer needed for highway or public use; and providing for a 
special effective date. 



592 



1 997- 1 998 Session Ord. 98-365 



By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in and to a certain parcel of 
land know as the former bed of Imla Street, extending from Eastern Avenue, 
southerly 152.5 feet to the southernmost extremity thereof, no longer needed 
for highway or public use, and more particularly described as follows: 

Beginning for the same at the point formed by the 
intersection of the west side of the former bed of Imla 
Street, 60 feet wide, as condemned and closed in 
accordance with Ordinance No. 1 37 approved April 30, 
1 997 by the Mayor and City Council of Baltimore and the 
south side of Eastern Avenue, 85 feet wide, and running 
thence binding on the south side of said Eastern Avenue, 
Easterly 60.0 feet to the east side of the former bed of said 
Imla Street; thence binding on the east side of the former 
bed of said Imla Street, Southerly 152.5 feet to intersect the 
first line of the third parcel of land conveyed by Hydro 
Conduit Corporation to Home Depot U.S.A., Inc. by deed 
dated December 30, 1993 and recorded among the Land 
Records of Baltimore City in Liber S.E.B. No. 4049, Folio 
277 and known as Parcel C of Exhibit "A" of said deed; 
thence binding on the southernmost extremity of the former 
bed of said Imla Street and reversely on part of the first line 
of the third parcel of land described in said deed, to the 
beginning thereof, there situate, Westerly 60.0 feet to the 
west side of the former bed of said Imla Street, and thence 
binding on the west side of the former bed of said Imla 
Street, Northerly 152.5 feet to the place of beginning. 

Subject to a full width Perpetual Easement for all Municipal Utilities 
and Services, not to be abandoned, over the entire hereinabove described 
parcel of land, this property being no longer needed for public use. 



593 



Ord. 98-366 1 997- 1 998 Session 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-366 
Council Bill 98-804 

An Ordinance Concerning 

Sale of Property — Ward 8, Section 1, Block 4199 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located in Ward 8, Section 1, Block 4199 and no longer needed for 
public use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located in Ward 
8, Section 1, Block 4199, and more particularly described as follows: 

Beginning for the same at a point on the thirtieth line 
of the first parcel of land conveyed by The Johns Hopkins 
University to the Mayor and City Council of Baltimore by 
deed dated August 1, 1895 and recorded among the Land 
Records of Baltimore City in Liber J.B. No. 1573, Folio 33, 
distant North 43° 32' 34" East 344.76 feet measured along 
the thirtieth line of the first parcel of land described in said 

594 



1 997- 1 998 Session Ord. 98-366 



deed from the east side of Rose Street, 33 feet wide, said 
point of beginning having a coordinate value of East 
9,662.807 feet and Norttf 7,844.385 feet, said point of 
beginning also being at the southwest corner of St. 
Vincent's Cemetery, and running thence for a new line of 
division through the property now or formerly owned by 
the Mayor and City Council of Baltimore, North 18° 39' 
00" West 179.14 feet to intersect the south side of a service 
driveway, varying in width, there situate; thence binding on 
the south side of said service driveway, as now laid out, 
and for other new lines of division through said property 
the three following courses and distances, namely, by a line 
curving to the left with a radius of 57.74 feet the distance 
of 19.03 feet which arc is subtended by a chord bearing 
South 82° 23* 27" East 18.94 feet, by a non-tangent line 
North 88° 15' 45" East 89.95 feet, and by a non-tangent 
line curving to the left with a radius of 258.00 feet the 
distance of 170.00 feet which arc is subtended by a chord 
bearing North 68° 58' 51" East 166.94 feet; thence binding 
in part on the south side of said service driveway, as now 
laid out, in part on the line of the south side of said service 
driveway, if projected northeasterly, and in all, for another 
new line of division through said property, by a tangent 
line, North 50° 06' 15" East 71.03 feet to intersect the 
northwest outline of St. Vincent's Cemetery, as confirmed 
by agreement by and between the Mayor and City Council 
of Baltimore and The Association of the Church of St. 
Vincent of Paul in the City of Baltimore dated 

and recorded or intended to be recorded 

among said Land Records immediately prior hereto , and 
thence binding on the northwest outline of St. Vincent's 
Cemetery, as confirmed by said agreement and reversely 
on part of the thirtieth line of the first parcel of land 
described in said deed, there situate, South 43° 32' 34" 
West 379.92 feet to the place of beginning, 

containing 20,774.78 square feet or 0.4769 acre of land, more or less, this 
property being no longer needed for public use. All courses, distances, and 
coordinates in the above description are referred to the true meridian as 
adopted by the Baltimore Survey Control System. 



595 



Ord. 98-367 1 997- 1 998 Session 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-367 
Council Bill 98-805 

An Ordinance Concerning 

Sale of Property — Rear of 6303-6307 Winner Avenue 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at the rear of 6303-6307 Winner Avenue and no longer needed 
for public use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at the rear of 6303-6307 Winner Avenue, Baltimore, Maryland, and 
more particularly described as follows: 

Location: The subject property is located to the rear North East side 
of Winner Avenue, rear of 6303-6307 Winner Avenue. 
The property is further described as Lot 81, Block 4343, 
Section 22 Ward 27 in the Baltimore City Block Plat 
System. 



596 



1 997- 1 998 Session Ord. 98-368 



Shape and dimensions: The site is an irregular landlocked shaped 
parcel. 

Topography: The site is wooded and is basically level. 

Access: The site is landlocked. Access would be from one of 
several abutting properties. 

Containing 19,123 square feet, more or less, or 0.439 acre of land, more 
or less, this property being no longer needed for public use. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-368 
Council Bill 98-810 

An Ordinance Concerning 

Supplementary State Fund Operating Appropriation — 
Mayoralty — $1,004,280 

For the purpose of providing a Supplementary State Fund Operating 
Appropriation in the amount of $1 ,004,280 to the Mayoralty — 
Program 350 (Office of Children and Youth), to provide funding for 
literacy training, GED preparation, and job readiness/employability 
services; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 



597 



Ord. 98-369 1 997- 1 998 Session 



Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
State of Maryland Department of Social Services in excess of the revenue 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1 999. 

That grant could not have been expected with reasonable certainty 
when the Ordinance of Estimates for Fiscal Year 1 999 was formulated. 

On September 30, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,004,280 shall be made available to the Mayoralty — 
Program 350 (Office of Children and Youth) as a Supplementary State Fund 
Operating Appropriation for Fiscal Year 1999, to provide funding for 
literacy training, GED preparation, and job readiness/employability 
services. The source of revenue for this appropriation is the grant from the 
State of Maryland Department of Social Services in excess of the amount 
from this source that was relied on by the Board of Estimates in determining 
the tax levy required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-369 
Council Bill 98-819 

An Ordinance Concerning 

Payments in Lieu of Taxes — Newly Constructed 
Market Rate Rental Housing Buildings on City Land 

FOR the purpose of authorizing and providing for negotiated payments in 
lieu of taxes ("PILOTs") in connection with certain newly constructed 
market rate rental housing buildings in the Market Center West Urban 
Renewal Area, located on land owned by the Mayor and City Council of 



598 



1 997- 1 998 Session Ord. 98-369 



Baltimore; authorizing the Mayor and City Council of Baltimore to 
effectuate PILOTs for these newly constructed market rate rental 
housing buildings, by all necessary and proper means; making certain 
legislative findings concerning the public benefits and purposes of this 
Ordinance; providing that the assessment of the properties shall be 
carried on the assessment books as though the properties were taxable 
for the purpose of determining the amount of any State of Maryland aid 
that is based on the assessable base of the City; authorizing the Board of 
Estimates of the City of Baltimore to approve the final terms of the 
PILOTs and the disposition agreements for which the PILOTs are 
negotiated; and providing for a special effective date. 

By authority of: 

Tax Property Article 

Section 7-50 1(b) 

Annotated Code of Maryland 

(1994 Replacement Volume and 1997 Cumulative Supplement) 

Recitals 

Section 7-501 of the Tax Property Article of the Annotated Code of 
Maryland (the "Enabling Law") authorizes the Mayor and City Council of 
Baltimore (the "City") to exempt from municipal property tax in the City 
and to accept a negotiated payment in lieu of taxes on property owned by 
the City that is leased or otherwise made available to any person with a 
business that is conducted for profit, although the Enabling Law requires 
that the assessment of the property be included in the assessable base of the 
City to determine the amount of any State of Maryland aid that is based on 
the assessable base of the City. 

The City desires to encourage the development of newly constructed 
market rate rental housing buildings in the Market Center West Urban 
Renewal Area to foster and stimulate economic growth and, in particular, to 
attract more residents to the downtown area. To accomplish this, the City 
desires the ability to offer a PILOT to prospective developers, lessees, 
sublessees, and transferees of newly constructed market rate rental housing 
buildings in connection with or as part of the disposition agreements for 
such facilities. 

Authorizing the use of a PILOT in connection with or as part of a 
disposition agreement or other lease for newly constructed market rate 
rental housing buildings is in the best interest of the City and will achieve 
significant public benefits and purposes, including (i) the addition of 



599 



Ord. 98-369 1 997- 1 998 Session 



properties to the tax rolls of the City and the resulting increase in tax 
revenues for the City, (ii) the encouragement of the economic development 
of the City, including the use of resources, ingenuity, and entrepreneurial 
talents of the private sector to develop, operate, and manage newly 
constructed market rate rental housing buildings, (iii) the creation of job 
opportunities and the retention of existing jobs, (iv) the addition of 
additional market rate housing in the Market Center West Urban Renewal 
Area, (v) the general promotion and improvement of the City and its 
facilities in order to foster and maintain the City and the image of the City 
as a healthy environment for the growth of business and industry, and (vi) 
the continuing economic well-being of its residents, both individual and 
corporate, thereby further encouraging the health, welfare, and safety of the 
citizens of the State of Maryland and of the City. 

Section 1. Be it ordained by the mayor and city council of 
Baltimore, That it is hereby found and determined that: 

(1) There is a need for additional newly constructed market rate 
rental housing buildings in the City to attract residents to the Market Center 
West Urban Renewal Area and to achieve significant public benefits and 
purposes. 

(2) The authorization by the Board of Estimates of the City to 
approve a PILOT in connection with or as a part of any disposition 
agreement entered into on or after July 1, 1998, for newly constructed 
market rate rental housing buildings will substantially aid in achieving and 
encouraging economic development in the City and other significant public 
benefits and purposes. 

Section 2. And be it further ordained, That, acting pursuant to 
the provisions of the Enabling Law and subject to this Ordinance, the City is 
authorized to exempt from municipal taxation newly constructed market 
rate rental housing buildings in the Market Center West Urban Renewal 
Area that are on City-owned land and that, on or after July 1, 1998, are 
leased or otherwise made available to any person who uses the property in 
connection with a business that is conducted for profit and who is 
authorized to accept a PILOT in accordance with the terms and conditions 
of an agreement (a "PILOT Agreement") approved by the Board of 
Estimates. The assessment of the newly constructed market rate rental 
housing buildings, however, shall be included in the assessable base of the 
City to determine the amount of any State of Maryland aid that is based on 
the assessable base of the City. 



600 



1 997- 1 998 Session Ord. 98-369 



Section 3. And be it further ordained, That the City is authorized 
to negotiate a PILOT Agreement in connection with or as part of any 
agreement negotiated on or after July 1, 1998, for the lease of any City- 
owned property for use for newly constructed market rate rental housing 
buildings in the Market Center West Urban Renewal Area. 

Section 4. And be it further ordained, That, for the purpose of 
this Ordinance, the term "City-owned property" means any ownership 
interest held by the City in the applicable real property, including air rights. 

Section 5. And be it further ordained, That, for the purpose of 
this Ordinance, the term "newly constructed market rate rental housing 
building" means improvements constructed on City-owned property, or to 
be constructed, for the use and operation as market rate rental housing 
buildings, and any related or ancillary facilities, that has a minimum 
investment of $2,500,000 in private capital. 

Section 6. And be it further ordained, That any PILOT 
Agreement shall contain the terms and conditions that the Board of 
Estimates deems reasonably necessary to accomplish the purposes of this 
Ordinance, taking into account the specific needs of the newly constructed 
market rate rental housing building. 

Section 7. And be it further ordained, That the final terms of any 
PILOT Agreement or disposition agreement affecting any newly constructed 
market rate rental housing building and the final forms of all documents 
drafted in connection with it are subject to the approval of the Board of 
Estimates. The payments in lieu of taxes to be made under the PILOT 
Agreement shall be at least (i) $50,000 in years 1-5, (ii) $75,000 in years 6- 
10, (iii) $150,000 in years 11-15, and (iv) $200,000 in years 16-20, with full 
tax liability being reinstated for all years after the 20 th year. 

Section 8. And be it further ordained, That the provisions of this 
Ordinance are severable. If any provision, sentence, clause, section or part 
is held illegal, invalid, unconstitutional, or inapplicable to any person or 
circumstances, that illegality, invalidity, unconstitutionality, or 
inapplicability does not affect or impair any of the remaining provisions, 
sentences, clauses, sections, or parts of this Ordinance or its application to 
other persons or circumstances. It is declared to be the legislative intent 
that this Ordinance would have been adopted, if that illegal, invalid or 
unconstitutional provision, sentence, clause, section, or part had not been 
included. 



601 



Res. 98-10 1997-1998 Session 



Section 9. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 7, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Resolution 98-10 
Council Bill 97-390 



A Resolution of the Mayor and City Council Concerning 

Ceremonial Street Name Change - 
Honoring the Saint Katherine School 

FOR the purpose of ceremoniously changing the name of the 1200 block of 
North Rose Street to Saint Katherine Lane. 

Be it resolved by the Mayor and City Council of Baltimore, 

That in recognition of the outstanding opportunity and encouragement for 
spiritual, intellectual, cultural, and social growth that the Saint Katherine 
School has provided for its students for over ninety years, the name of the 
1200 block of North Rose Street is ceremoniously changed to Saint 
Katherine Lane. 

And be it further resolved, That a copy of this Resolution be sent 
to Kevin W. Parson, Principal, Saint Katherine School. 

Approved April 1, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Resolution 98-11 
Council Bill 97-589 



A Resolution of the Mayor and City Council Concerning 

Charles Village Community Benefits District 
and Management Authority 



602 



1 997- 1 998 Session Res. 98- 1 1 



For the purpose of renewing and continuing the Charles Village 

Community Benefits District and Management Authority, subject to 
certain conditions; and generally relating to the activities and authority 
of the Charles Village Community Benefits District and Management 
Authority. 

Recitals 

Ordinance 94-414, (the Ordinance) authorized the creation of the 
Charles Village Community Benefits District, (the District), and the 
Management Authority, (the Authority), subject to certain terms and 
conditions as set forth in the enabling legislation, which became effective 
July 1 , 1 994. The Ordinance provides that no sooner than 3 years, and no 
later than 4 years, from the passage of the enabling ordinance, the City 
Council shall hold a public hearing to evaluate the activities and 
undertakings of the Authority and the District. 

The Ordinance further provides that, at the conclusion of the hearing, 
the City Council shall use the four-year review procedures as set forth in the 
legislation to determine whether the District is to continue for another four 
years. 

The review by the City Council found that since its establishment, the 
Authority has initiated and carried-out numerous activities and undertakings 
in compliance with the Ordinance, including the implementation of public 
safety programs, the sanitation and maintenance program, and the 
community and economic development program. All of these programs 
support the redevelopment of the Charles Village area and address problems 
within the District. 

Based on the review, the City Council finds that the renewal and 
continuation of the District and the Authority are in the best interests of the 
citizens of Baltimore. 

Section 1. Be it resolved by the Mayor and City Council of 
Baltimore, That the Charles Village Community Benefits District and 
Management Authority are continued for an additional four years, beginning 
Julyl, 1998. 

Section 2, And be it further resolved, That the Authority may 
not impose any taxes or charges, other than thos e in effect on the enactment 
of this Ordinance, until the renewal process is completed and certified by 
the Board of Estimates. 



603 



Res. 98-12 1 997- 1 998 SESSION 



Section 3 2. And be it further resolved, That this Resolution 
takes effect on the 30 th day after the date it is enacted. 



Approved May 14, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Resolution 98-12 
Council Bill 98-655 



A Resolution of the Mayor and City Council Concerning 

The Commission to Preserve and Promote 
African-American Cultural and Historical Sites and Records 

FOR the purpose of creating a commission to protect, preserve, and promote 
the numerous cultural and historical sites and records that are the legacy 
of past generations of the African-American population of the City of 
Baltimore. 

Recitals 

The study and recognition of African-American history benefits all of 
society. Because scholars and historians have consistently excluded, 
distorted, minimized, and negated the part played by African- Americans in 
shaping the past, present, and future of this country, all people need to be 
educated about the realities of African-American contributions. The 
understanding of African-American history helps to correct the traditionally 
distorted picture painted by many narrators of United States history. 

African-Americans have left a rich legacy to the residents of and 
visitors to Baltimore City. Heirs to that legacy are blessed with many 
avenues through which to explore the contributions of those who have left 
an indelible mark on our City. There are attractions like the Arena Players, 
one of the oldest black theater companies on the East Coast; the Eubie 
Blake National Museum and Cultural Center, with displays and 
memorabilia in honor of the celebrated composer; the Great Blacks in Wax 
Museum, the first and only of its kind in the country, which presents wax 
figures of important people and events outlining the history of African 
people from around the globe; and the Morgan State University Sopher 



604 



1 997- 1 998 Session Res. 98- 1 2 



Library, which houses books, clippings, artworks, and other materials by 
and about famous Baltimoreans, ranging from Bill "Boj angles Robinson to 
Parren J. Mitchell. 

Baltimore City is also home to many historic markers, such as the 
Baltimore Tennis Club Marker in Druid Hill Park, which lists the names of 
24 people arrested in 1948 for playing in protest of the City's segregated 
tennis courts. In Battle Monument Plaza at Calvert and Lexington Streets, a 
9-foot bronze figure holds a wreath and banner in memory of African- 
American soldiers from all branches of military service. At Morgan State 
University, an 8V2- foot statue of Frederick Douglass stands proudly, and 
there is a bust of Thurgood Marshall at the University of Maryland at 
Baltimore. 

Religion has always played an important part in the lives of African- 
Americans, whether it served as a balm to the many wounds inflicted in 
slavery, as a promise of a better afterlife, or as an alternative to seeking 
revenge on persecutors. In that tradition, Baltimore City is home to the 
Sharp Street United Methodist Church, descendent of the first black 
traditional congregation in Baltimore founded in 1802; the Bethel African 
Methodist Episcopal Church, the oldest, independent black institution in 
Baltimore, founded in the early 19 th century when blacks withdrew from the 
Methodist Church because of segregated seating; and the legendary Orchard 
Street Church that served as a stop on the Underground Railroad. 

These few examples of Baltimore's rich African-American heritage 
illustrate the treasures that reside within our City limits. It is the 
responsibility of those now living to honor the lives of those past, by 
learning the true story of their struggle for survival in and triumph over a 
hostile society. As scholars, historians, and archeologists have learned, the 
stature of a society can be measured by the way that society treats its 
ancestors. 

Section 1. Be it resolved by the Mayor and City Council of 
Baltimore, That there is hereby created a commission to protect, 
preserve, and promote the numerous cultural and historical sites and records 
that are the legacy of the past generations of the African-American 
population of the City of Baltimore. 

Section 2. And be it further resolved, That membership on the 
Commission will include, but not be limited to, representatives from the 
following: 



605 



Res. 98-12 



1997-1998 Session 



1) the Mayor's Office; 

2) the Baltimore City Council; 

3) the Baltimore Office of Promotion; 

4) the Convention Center; 

5) the Baltimore Arena; 

6) the Baltimore Development Corporation; 

7) the Downtown Partnership; 

8) the Baltimore Museum of Art; 

9) the Eubie Blake Museum; 

10) the Community Relations Commission; 

1 1) the Department of Finance; 

12) the Commission for Historical and Architectural Preservation; 

on A 
tTTTvT 

13) the Department of Education^ 

14) the Great Blacks in Wax Museum; 



1 5) Morgan State University; 



16) Coppin State University; 



17) the Arena Players; 



18) the Baltimore African-American Tourism Council; 



19) the Black Heritage Museum; 



20) the African-American Renaissance Tours; 



21) the Carroll Park Foundation: 



606 



1 997- 1 998 Session Res. 98- 1 3 

(22) the Urban League; 

(23) the NAACP; 

(24) the Afro- American Newspaper; and 

(25) the Baltimore Times Newspaper. 

Section 3. And be it further resolved, That a copy of this 
Resolution be sent to the Directors of the entities listed above. 

Section 4. And be it further resolved That this Resolution takes 
effect on the 30th day after the date it is enacted. 

Approved May 14, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Resolution 98-13 
Council Bill 98-739 



A Resolution of the Mayor and City Council Concerning 

Operating Budget for the New Baltimore City Board of School 
Commissioners for the Fiscal Year Ending June 30, 1999 

For the purpose of approving the budget estimated to be needed for the 
New Baltimore City Board of School Commissioners for operating 
programs during Fiscal 1999; providing for certification of the 
approved budget to the State Superintendent of Schools; and providing 
for a special effective date. 

By authority of 

Article - Education 

Section(s) 5-102 

Annotated Code of Maryland 

(1997 Replacement Volume and Supplement) 

Section 1. Be it resolved by the mayor and city council of 
BALTIMORE, That the following amounts or so much thereof as shall be 
sufficient are hereby approved from the amounts estimated to be available 
in the designated funds during the fiscal year ending June 30, 1999. 



607 



Res. 98-13 1997-1998 Session 



Operating Budget 

Baltimore City Public Schools 

728 New Board of School Commissioners 

Education Fund Appropriation $ 391,150 

729 Office of the Chief Executive Officer 

Education Fund Appropriation $ 3,364,684 

73 1 Academic Support 

Education Fund Appropriation $ 735,501 

State Fund Appropriation $ 500,000 

732 Curriculum 

Education Fund Appropriation $ 4,645,134 

Federal Fund Appropriation $ 4,452,197 

State Fund Appropriation $ 332,092 

Special Fund Appropriation $ 818,353 

741 Office of Area Executive Officers 

Education Fund Appropriation $ 3,093,763 

Federal Fund Appropriation $ 308,178 

State Fund Appropriation $ 281,291 

Special Fund Appropriation $ 804,150 

743 General Instruction 

Education Fund Appropriation $ 256,997,070 

Federal Fund Appropriation $ 37,364,353 

State Fund Appropriation $ 67,755,368 

Special Fund Appropriation $ 3,877,670 

744 School-Based Guidance Services 

Education Fund Appropriation $ 7,619,060 

Federal Fund Appropriation $ 936,515 

State Fund Appropriation $ 970,017 

Special Fund Appropriation $ 5,063 

745 School Based Staff Development 

Education Fund Appropriation $ 504,790 

Federal Fund Appropriation $ 388,798 

State Fund Appropriation $ 1 ,741 ,461 

746 School Social Work Services 

Education Fund Appropriation $ 5,393,029 

Federal Fund Appropriation $ 405,955 

State Fund Appropriation $ 377,128 

Special Fund Appropriation $ 285,228 



608 



997- 1 998 Session Res. 98- 1 3 



747 School Psychological Services 

Education Fund Appropriation $ 4,503,329 

Federal Fund Appropriation $ 64,195 

State Fund Appropriation $ 254,456 

Special Fund Appropriation $ 512,698 

751 Special Education Support Services 

Education Fund Appropriation $ 5,155,647 

Federal Fund Appropriation $ 1,596,050 

State Fund Appropriation $ 267,723 

Special Fund Appropriation $ 733,913 

752 Office of Special Education Monitoring and Compliance 

Education Fund Appropriation $ 435,065 

Federal Fund Appropriation $ 466,501 

State Fund Appropriation $ 3,959 

753 Compensatory Programs 

Education Fund Appropriation $ 16,275 

Federal Fund Appropriation $ 1,783,285 

State Fund Appropriation $ 462,875 

754 Career and Technology Instruction 

Education Fund Appropriation $ 14,296,252 

Federal Fund Appropriation $ 2,558,338 

State Fund Appropriation $ 1,409,776 

Special Fund Appropriation $ 60,000 

755 Adult/ Alternative Instruction 

Education Fund Appropriation $ 9,801,532 

Federal Fund Appropriation $ 52,441 

State Fund Appropriation $ 3,142,896 

Special Fund Appropriation $ 106,876 

756 Special Instruction 

Education Fund Appropriation $ 146,373,842 

Federal Fund Appropriation $ 7,499,664 

State Fund Appropriation $ 5,166,206 

Special Fund Appropriation $ 12,792,983 

757 Special Career and Technology Instruction 

Education Fund Appropriation $ 5,734,359 

Federal Fund Appropriation $ 285,788 

State Fund Appropriation $ 266,988 

758 Gifted and Talented Education 

Education Fund Appropriation $ 2,231,918 

Federal Fund Appropriation $ 27,827 

State Fund Appropriation $ 1,170,053 



609 



Res. 98-13 1997-1998 Session 



761 Student Transportation 

Education Fund Appropriation $ 17,854,884 

State Fund Appropriation $ 9,246,601 

762 Food Services 

Education Fund Appropriation $ 146,852 

Federal Fund Appropriation $ 21 ,943,400 

State Fund Appropriation $ 1,300,000 

Special Fund Appropriation $ 3,800,000 

763 Fiscal Management 

Education Fund Appropriation $ 1,395,931 

Federal Fund Appropriation $ 601 ,488 

State Fund Appropriation $ 5,655 

Special Fund Appropriation $ 733,383 

764 School-Based Transportation Services 

Education Fund Appropriation $ 421,595 

Federal Fund Appropriation $ 369,027 

State Fund Appropriation $ 91 ,275 

Special Fund Appropriation $ 2,261 

765 Materials 

Education Fund Appropriation $ 1 ,306,734 

Federal Fund Appropriation $ 365,375 

State Fund Appropriation $ 21 ,940 

Special Fund Appropriation $ 20,078 

766 School-Controlled Operations & Maintenance 

Education Fund Appropriation $ 18,944,908 

State Fund Appropriation $ 3,310 

767 Facilities 

Education Fund Appropriation $ 50,912,867 

State Fund Appropriation $ 6,449 

768 School Police Force 

Education Fund Appropriation $ 5,245,765 

State Fund Appropriation $ 431 

769 Personnel Services 

Education Fund Appropriation $ 2,327,644 

Federal Fund Appropriation $ 725,888 

State Fund Appropriation $ 28,591 

Special Fund Appropriation $ 310,059 

780 Administrative Support 

Education Fund Appropriation $ 1 ,796,460 

State Fund Appropriation $ 6,692 



610 



1997-1998 Session Res. 98-13 



781 Planning and Student Placement 

Education Fund Appropriation $ 470,538 

Federal Fund Appropriation $ 161,167 

State Fund Appropriation $ 13,532 

Special Fund Appropriation $ 9,020 

782 Research and Evaluation 

Education Fund Appropriation $ 817,148 

Federal Fund Appropriation $ 532,730 

State Fund Appropriation $ 49,648 

Special Fund Appropriation $ 13,194 

783 Management Information Systems 

Education Fund Appropriation $ 4,796,100 

Federal Fund Appropriation $ 1,604,022 

State Fund Appropriation $ 5,621,039 

Special Fund Appropriation $ 193,532 

784 Staff Development 

Education Fund Appropriation $ 1,360,821 

Federal Fund Appropriation $ 30,395 

State Fund Appropriation $ 190,694 



Section 2. The foregoing amounts in summary consist of: 



Fund Amount 

Education $579,090,647 

Federal 84,523,577 

State 100,688,146 

Special 25,078.461 

Total $789,380,831 



Section 3. And be it further resolved, That when enacted, this 
Resolution shall be certified to the State Superintendent of Schools. 

Section 4. And be it further resolved, That this Resolution takes 
effect July 1, 1998. 

Approved June 24, 1998 

Kurt L. Schmoke, Mayor 



611 



Res. 98-14 1997-1998 Session 



City of Baltimore 
Resolution 98-14 
Council Bill 98-863 

A Resolution of the Mayor and City Council Concerning 

Washington-Baltimore 2012 Summer Olympic Games 

FOR the purpose of recognizing and endorsing the efforts of the Washington 
Baltimore Regional 2012 Committee, Inc., to bring the 2012 Summer 
Olympic Games home to Baltimore- Washington. 

Whereas, pursuant to the Bid Committee Agreement between the 
Washington Baltimore Regional 2012 Committee, Inc. (the "Bid 
Committee") and the United States Olympic Committee (the "USOC"), 
dated September 30, 1998 (the "Bid Committee Agreement"), the USOC 
has requested certain resolutions from the city councils of each of the cities 
and regions that are bidding for the 2012 Summer Olympic Games; and 

Whereas, neither the USOC nor the International Olympic Committee 
require any governmental entity at this time to make any guarantee or other 
financial commitments for the 2012 Summer Olympic games. 

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY 

Council of Baltimore, That the City of Baltimore endorses the Bid 
Committee, approves the Bid Committee's execution of the Bid Committee 
Agreement, and authorizes the Bid Committee to pursue the City's bid for 
the 2012 Summer Olympic Games. 

AND BE IT FURTHER RESOLVED, That the City has reviewed the 
provisions of the Bid Committee Agreement regarding governmental 
participation and understands and acknowledges the expectations and 
requirements of the USOC regarding governmental participation. 

And be it further resolved, That the preceding resolutions are 
subject to the following conditions: 

(a) The City is not bound, obligated, or liable, financially or 
otherwise, by any agreement, undertaking, act, or 
representation of the Bid Committee, except to the extent that, 
by subsequent resolution or ordinance, the Council expressly 
authorizes the City to execute a Joinder Agreement with the 
USOC assuming an obligation or liability and provides for or 



612 



1 997- 1 998 Session Res. 98- 1 4 



appropriates the necessary funds to pay fully that obligation or 
liability. 

(b) The City is not bound, obligated, or liable, financially or 
otherwise, with respect to the 2012 Summer Olympic Games or 
the related bid process, except to the extent that, by subsequent 
resolution or ordinance, the Council expressly assumes or 
authorizes that obligation or liability and provides for or 
appropriates the necessary funds to pay fully that obligation or 
liability. 

(c) The City's obligations, costs, and liabilities may never exceed 
the amount of funds appropriated for those purposes from time 
to time by official action of the Mayor and City Council of 
Baltimore, as required by applicable law. 

And be it further resolved, That this Resolution takes effect on the 
day it is enacted. 

Approved November 25, 1998 

Kurt L. Schmoke, Mayor 



613 



Index 

Ordinance Page 



Alarms - 

Vehicle 98-263 91 

Alley located between Mattfeldt Avenue, Falls 
Road, Northern Parkway, and Sabina Avenue, 
parallel to the 1200 block of W. Northern 
Parkway, to be Laubridge Way - Naming 

City property 98-240 47 

Animal control - 

Penalty increase for those who cause, instigate, or 

permit dogfighting 98-286 145 

Vicious dogs and attack dogs prohibited 98-287 147 

Annapolis Road (2001-2047-odd, 2201-2219-odd, 

and 2206-2232-even) - Zoning change 97-223 15 

Annapolis Road (3301) - Auditorium and concert 

hall/meeting and banquet hall 98-258 81 

Appropriations - supplementary - 

Baltimore City Public Schools - 

Program 743 - $1,500,000 98-296 219 

Program 756 - $4,490,000 98-294 216 

Program 756 - $5,000,000 98-31 1 238 

Program 764 - $1,000,000 98-310 237 

Board of Supervisors of Elections - 

Program 183 - $385,000 98-267 106 

City Council - 

Program 100 - $250,000 98-352 524 

Fire Department - 

Account #9920-208-026 - $25,000,000 98-246 57 

Program 212 - $300,000 98-309 236 

Housing and Community Development - 

Account #991 1-588-71 1 - $3,000,000 98-364 591 



615 



1997-1998 Session 

Ordinance Page 

Mayoralty - 

Program 350 - $1,004,280 98-368 597 

Program 583 - $ 250,000 98-295 218 

Program 585 - $1,000,000 98-236 40 

Program 592 - $4,000,000 98-268 108 

Mayoralty-Related - Mayor's Coordinating 
Council of Criminal Justice - 

Program 224 - $ 759,564 98-239 46 

Program 224 - $3,643,640 98-241 48 

Mayoralty-Related - Office of the Labor 
Commissioner - 

Program 128 - $98,393 97-228 24 

MR-Art and Culture - 

Program 493 - $80,520 98-315 244 

MR-Miscellaneous General Expenses - 

Program 122 - $ 950,000 98-312 240 

Program 122 - $5,000,000 98-314 242 

MR-Retirees' Health Benefits - 

Program 351 - $6,000,000 98-313 241 

Police Department - 

Program 201 - $6,000,000 98-298 222 

Program 202-$ 101,312 97-218 8 

Recreation and Parks, Department of - 

Program 480 - $3,000,000 98-297 220 

Appropriations - transfer - 

Fire Department Communication System - 
Modernization (Capital) to MR-Conditional 

Purchase Agreements - $22,750,000 98-247 58 

Fire Department Communication System - 
Modernization (Capital) to MR-Conditional 

Purchase Agreements - $1,894,000 98-316 245 

Fire Department Communication System - 
Modernization (Capital) to MR-Conditional 

Purchase Agreements - $296,000 98-317 246 

Fire Department Communication System - 
Modernization (Capital) to MR-Conditional 

Purchase Agreements - $558,000 98-318 248 



616 



1997-1998 Session 

Ordinance Page 

MR-General Debt Service (Program 123) to 

Personnel (Program 160) - $380,500 98-269 109 

MR-General Debt Service (Program 123) to 

Citywide Information Technology (Capital) 

(Account #9908-146-025) - $1,300,000 98-270 110 

Ashburton Area (certain properties within the 
area bounded by Wabash Avenue, Liberty 
Heights Avenue, Callaway Avenue, Belle 
Avenue, Dolfield Avenue, and Hilton Road) - 

Zoning change 98-331 324 

Auditorium and concert hall/meeting and 
banquet hall - 
Annapolis Road (3301) 98-258 81 



B 

Baltimore City Building Code - 1997 Bicentennial 

Edition 97-224 17 

Baltimore City Code - Additions - 

Article 1, § 15A 98-328 321 

Article 1, § 40(ff)(99) 98-256 79 

Article 1, § 40(ff)(99) 98-257 80 

Article 1, § 40(ff)(99) 98-272 112 

Article 1, § 40(ff)(99) 98-349 515 

Article 1, §§ 295 through 308 98-326 272 

Article 1 1, §§ 24(a)(33a), 31(a-l), 40A 98-287 147 

Article 19, § 28A 98-263 91 

Article 19, § 85D(j) 98-264 95 

Article 19, §§ 144(f) and 145 98-359 578 

Article 19, § 145(i)(2) 98-286 145 

Article 22, §§ 9(o)(6), 9(q), 9(r), 9(s), 9(t), 22(r), 
22(s), 22(t), 22(u), 30(18), 32(i), 34(t), 34(u), 

34(v), 34(w), 47(0, (g), (h), and (i) 98-290A 159 

Article 22, §§ 32(i), 34(i)(8), 36A(a)(3) 98-319 249 



617 



1997-1998 Session 

Ordinance Page 

Article 28, § 75D(c-l) 98-283 138 

Article 28, § 751 98-248 59 

Article 28, § 751 98-284 140 

Article 28, § 751 98-282 136 

Article 28, § 751 98-350 516 

Article 30, §§ 5.1-ld-10, 6.2-lb-15a, 7.1-lb-20a, 

9.0-3, 13.0-2-16A, 1 3.0-2-1 6B 98-252 69 

Article 30, § 7.2-lc-17 97-215 4 

Baltimore City Code - Amendments - 

Article 1, §§ 253 and 258(a)(2) and (b)(3) 98-260 85 

Article 1 1, §§ 24(a)(6), (33), 31(a), (d), 

40(b), (d), (g), (h) 98-287 147 

Article 1 1, § 41(f) 98-286 145 

Article 19, § 85D(a), (b), (d) 98-264 95 

Article 19, § 1 17A 98-243 50 

Article 19, § 144(b) 98-359 578 

Article 19, § 145(i)(3) 98-263 91 

Article 22, §§ 1(19), 9(m), 17A(18), 30(2)(a) 

and (e), 34(h) and (i) 98-290A 159 

Article 22, §§ 34(i)(2), (3), and (4) and 34(1) 98-319 249 

Article 28, § 75D(d) 98-283 138 

Article 30, Sheet 9 98-277 125 

Article 30, Sheet 13 97-220 11 

Article 30, Sheets 22, 23, 32, 33 98-331 324 

Article 30, Sheet 36 98-323 269 

Article 30, Sheet 43 98-321 266 

Article 30, Sheet 67 98-306 233 

Article 30, Sheet 73 98-330 323 

Article 30, Sheets 74 and 75 97-223 15 

Baltimore City Code - Repeals - 

Article 1 1, §§ 277 and 282 98-255 77 

Article 19, § 145 98-326 272 

Article 22, §§ 34(g)(2) and (3) 98-319 249 

Baltimore City Landmark List - 
See Landmark List 



618 



1997-1998 Session 

Ordinance Page 

Baltimore Inner Harbor East - 

Planned Unit Development 97-229 26 

See also Inner Harbor East 

Bank Street (1205) for off-street parking 

facility - Property acquisition 98-302 227 

Bank Street (1205) - Parking garage 98-304 230 

Bayonne Avenue (4215) - Nursing home 98-244 54 

Bond issue - 

Asbestos Loan - $1,000,000 98-339 441 

Baltimore Museum of Art Loan - $1 ,000,000 .... 98-340 448 

Community Development Loan - $13,000,000 . . . 98-341 456 

Economic Development Loan - $1 1,000,000 98-342 464 

Enoch Pratt Library Loan - $3,000,000 98-354 563 

Meyerhoff Symphony Hall Loan - $1,000,000 .... 98-343 472 

Police Loan - $1,000,000 98-344 479 

Recreation and Parks Loan - $1,000,000 98-345 487 

School Loan - $12,000,000 98-346 495 

Walters Art Gallery Loan - $1,000,000 98-347 503 

Broadway (N 1009) - Street encroachment 97-217 7 

Brownfields tax credit 98-248 59 

Budget for Baltimore City - 
See Ordinance of Estimates 

Budget for the New Baltimore City Board of 
School Commissioners - 

See Operating Budget for the New Baltimore 
City Board of School Commissioners 

Buena Vista, 1705 N. Longwood Street - 

Landmark List 98-256 79 



619 



1997-1998 Session 

Ordinance Page 

Building Code for Baltimore City - 1997 

Bicentennial Edition 97-224 17 

C 

Car alarms 98-263 91 

Carlisle Avenue (3416) - Property sale 98-251 68 

Caton Avenue (S 1501) - Planned Unit 

Development 97-225 20 

Caton/95 - Amendment 3 - Urban Renewal Plan 98-322 267 

Caton/95 - Amendment 4 - Urban Renewal Plan 98-336 383 

Central Avenue (N 1501) and Harford 

Avenue (1521) - Drive-in pharmacy 97-216 6 

Central Avenue (S 400) for off-street parking 

facility - Property acquisition 98-301 225 

Ceremonial street name change - 

Honoring the Saint Katherine School Res. 98-10 602 

Certified massage therapists' offices added to 
list of conditional uses in the O-R District and 
to the list of permitted uses in the B-2, B-3, 

B-4, B-5, M-l, M-2, and M-3 Districts 98-252 69 

Charles North Business Area - certain streets and 

alleys - Streets - close 98-274 115 

Charles North Business Area - certain streets and 

alleys - Streets - open 98-273 113 



620 



1997-1998 Session 

Ordinance Page 

Charles Theater, 171 1-1717 N. Charles Street - 

Landmark List 98-272 112 

Charles Village Community Benefits District and 
Management Authority - 

Number of Board members increased 98-260 85 

Renewal and continuation of the District and 

Management Authority Res. 98-1 1 602 

Child safety locks on firearms 98-243 50 

City employment - 

Selective Service System registration of potential, 
new City employees required for those required 

by federal law to register 98-328 321 

City acquires property - 
See Property acquisition 

City sells property - 
See Property sale 

Clarks Lane (3211) - 

Housing for the elderly 98-233 36 

Property sale 98-232 35 

Clarks Lane (3809) - Housing for the elderly 97-222 14 

Clifton Avenue (3023-3027) - Parking lot 98-362 588 

Clinton Street (S 331) - Parking reserved 98-271 Ill 

Coldstream Homestead Montebello - Amendment 6 - 

Urban Renewal Plan 98-351 521 

Commission to Preserve and Promote 

African-American Cultural and Historical Sites 

and Records created Res. 98-12 604 



621 



1997-1998 Session 

Ordinance Page 

Community correction center - 

Liberty Heights Avenue (5005) 98-356 572 

Criminal citations, prepayable, may be issued by 
Special Enforcement Officers for certain 

offenses 98-359 578 



Dogs- 

Dogfights - penalties increase 98-286 145 

Vicious dogs and attack dogs prohibited 98-287 147 

Dogfights - penalties 98-286 145 

Drive-in pharmacy - 

Central Avenue (N 1501) and Harford 

Avenue (1521) 97-216 6 

Evergreen Street (501) 98-278 126 

Frederick Avenue (2401) 98-280 130 

Drive-in restaurant - 

North Avenue (W 2901) 97-219 9 



Drug abuse rehabilitation and treatment center - 

Pulaski Street (S 349) 98-363 589 



E 

Easement - 

Southern boundary line of Baltimore City near 
Pennington Avenue for the Cedar Hill 

Sewer Interceptor 98-348 51 

Wilmington Avenue and Wilkens Avenue 

area for Public Utility Rights of Way 97-214 



622 



1997-1998 Session 

Ordinance Page 

Eastern Avenue (1627) - Housing for the elderly .... 98-355 571 

Employees' Retirement System - 
See under Retirement Systems 

Employer-leased, privately-financed parking 
facilities on City land - Payment in lieu of 

taxes 98-335 379 

Environmental Control Board established 98-326 272 

Erdman Avenue (4500) - Pawnshop 98-358 577 

Evergreen Avenue (2900) - Nursing home 98-360 586 

Evergreen Street (501) - Drive-in pharmacy 98-278 126 

Exeter Hall Avenue (1400) - 

Parking lot 98-299 223 

Property sale 98-324 270 

Zoning change 98-323 269 



Fait Avenue (Portion of 6820 - Southeast Middle 

School #255) - Property sale 98-279 128 

Fayette Street (E 1200) - Street encroachment 98-308 235 

Fayette Street (E 2041) - Woodbourne Center 

Altering certain conditional use restrictions 98-242 49 

Fire and Police Employees' Retirement System - 
See under Retirement Systems 

Firearm access by minors - child safety locks 98-243 50 



623 



1997-1998 Session 

Ordinance Page 

Franchise - 

Heating and chilled water distribution system 

for BGE 98-249 65 

Structural projections at the northwest corner of 

Light and Hughes Streets 98-285 141 

Franklin Street (W 200-202) - Parking lot 97-227 23 

Franklintown Road (N 1215) - Zoning change 98-321 266 

Frederick Avenue (2401) - Drive-in pharmacy 98-280 130 

Front Street (N 100) - Property sale 98-289 157 



George Howard House, 8 E. Madison Street - 

Landmark List 98-257 80 

Greenspring Middle School (4701 Greenspring 
Avenue) to Roland N. Patterson, Sr. Academy - 

Naming City property 98-250 67 

Guns - 

Firearm access by minors - child safety locks .... 98-243 50 



H 

Hampden Business Area - Amendment No. 1 - 

Urban Renewal Plan 98-261 87 

Harford Avenue (1521) and Central Avenue 

(N 1501) - Drive-in pharmacy 97-216 6 

Harlem Park Project II - Amendment 4 - Urban 

Renewal Plan 98-337 385 



624 



1997-1998 Session 

Ordinance Page 

Heating and chilled water distribution system 

for BGE - Franchise 98-249 65 

High Street (N 301-321) - Service and housing 

center 98-357 574 

Holabird Manor (1717-1726 Nome Street, 1708, 
1710,1712 Dundalk Avenue, and 66 1 3 
Hartwait Street) - Planned Unit Development . . 98-320 263 

Home for the rehabilitation of non-bedridden 
alcoholic persons and for the care and custody 
of homeless persons - 

Pratt Street (W 1701) 98-361 587 

Honoring the Saint Katherine School - Ceremonial 

street name change Res. 98-10 602 

Hotels - 

Payment in lieu of taxes for hotel facilities on 

City land in urban renewal areas 98-253 71 

Payment in lieu of taxes for hotel facilities on 
City land in urban renewal areas - Inner 

Harbor East 98-254 75 

Housing for the elderly - 

Clarks Lane (321 1) 98-233 36 

Clarks Lane (3809) 97-222 14 

Eastern Avenue (1627) 98-355 571 



I 
Imla Street, former bed of - Property sale 98-365 592 



625 



1997-1998 Session 

Ordinance Page 

Inner Harbor East - 

Amendment No. 7 - Urban Renewal Plan 97-231 31 

Certain streets - Streets - close 98-291 208 

Certain streets - Streets - open 98-281 131 

Payment in lieu of taxes for hotel facilities on 

City land in urban renewal areas 98-254 75 

J 

Jonestown - Amendment 3 - Urban Renewal Plan . . . 98-266 99 

Joseph C. Briscoe Senior High School, 900 Druid 
Hill Avenue to Central Career Center at 

Briscoe - Naming City property 98-307 234 



Lancaster Street (1816-1824) and Wolfe Street 

(S 708-724) - Zoning change 98-306 233 

Landmark List - 

Buena Vista, 1705 N. Longwood Street 98-256 79 

Charles Theater, 171 1-1717 N. Charles Street .... 98-272 112 

George Howard House, 8 E. Madison Street 98-257 80 

St. Katherine of Alexandria Protestant Episcopal 

Church, 2001 Division Street 98-349 515 

Lafayette Avenue (W 3) - Parking lot 97-226 22 

Laubridge Way - Naming City property 98-240 47 

Liberty Heights Avenue (5005) - Community 

correction center 98-356 572 

Lot 34, Block 5497 - Zoning change 98-277 125 



626 



1997-1998 Session 

Ordinance Page 

M 

Market Center - Amendment 1 1 - Urban Renewal 

Plan 98-333 338 

McMechen Street (121) - Parking lot 98-303 229 

Minibikes and off-the-road motorcycles - 

Seizure and forfeiture 98-264 95 

Montebello Terrace (2831) - Nursing home 98-262 90 

Monument Street (E 2201) - Pawnshop 97-230 29 



N 

Naming City property - 

Alley located between Mattfeldt Avenue, Falls 
Road, Northern Parkway, and Sabina Avenue, 
parallel to the 1200 block of W. Northern 

Parkway, to be Laubridge Way 98-240 47 

Greenspring Middle School (4701 
Greenspring Avenue) to Roland N. 

Patterson, Sr. Academy 98-250 67 

Joseph C. Briscoe Senior High School, 900 Druid 
Hill Avenue, to Central Career Center at 

Briscoe 98-307 234 

Venable Senior High School, 701 E. 34 th Street, 

to Waverly Career Center 98-293 216 

New Baltimore City Board of School Commissioners 
Budget - 

See Operating Budget for the New Baltimore 
City Board of School Commissioners 

New Lexington Terrace - Planned Unit 

Development 98-235 39 



627 



1997-1998 Session 

Ordinance Page 

Newly constructed dwellings property tax credit .... 98-283 138 

Newly constructed market rate rental housing 
buildings on City land - Payment in lieu of 

taxes 98-369 598 

Nome Street (1717-1726), Dundalk Avenue (1708, 
1710, 1712), and Hartwait Street (6613) - 
Planned Unit Development 98-320 263 

North Avenue (W 2901) - Drive-in restaurant 97-219 9 

North Avenue (W 3205-3207) - Parking lot 98-325 271 

Northwest Family Sport Center property tax 

credit 98-284 140 

Nursing home - 

Bayonne Avenue (4215) 98-244 54 

Evergreen Avenue (2900) 98-360 586 

Montebello Terrace (2831) 98-262 90 

Old Orchard Road (400) and Lot 16 

of Block 8019 98-292 214 

Park Heights Avenue (5829-5833) 98-234 38 

Penhurst Avenue (3931 and 3939) 97-221 12 



Old Orchard Road (400) and Lot 16 

of Block 8019 - Nursing home 98-292 214 

Old Town Mall (529) - Pawnshop 98-259 84 

Operating Budget for the New Baltimore City 
Board of School Commissioners for the Fiscal 

Year ending June 30, 1999 Res. 98-13 607 



628 



1997-1998 Session 

Ordinance Page 

Ordinance of Estimates for Fiscal Year 1999 98-353 525 

Ostend Street (W 701) for off-street parking 

facility - Property acquisition 98-305 232 

Outdoor recreational facilities added to list of 
conditional uses in the M-2 and M-3 Districts - 

Zoning Code - amendments 97-215 4 



Parking garage - 

Bank Street (1205) 98-304 230 

Park Heights - Amendment 9 - Urban Renewal Plan . 98-332 336 

Park Heights Avenue (5829-5833) - 

Nursing home 98-234 38 

Parking facilities (employer-leased, 

privately-financed) on City land - Payment in 

lieu of taxes 98-335 379 

Parking lot - 

Clifton Avenue (3023-3027) 98-362 588 

Exeter Hall Avenue (1400) 98-299 223 

Franklin Street (W 200-202) 97-227 23 

Lafayette Avenue (W 3) 97-226 22 

McMechen Street (121) 98-303 229 

North Avenue (W 3205-3207) 98-325 271 

Roland Avenue (3613, 3615, 3617, 3619) 98-288 155 

Smallwood Street (N 2-24) 98-290 158 

West Street (W 150) 98-300 224 

Parking reserved - 

Clinton Street (S 331) 98-271 Ill 



629 



1997-1998 Session 

Ordinance Page 

Parking revenue obligations - $225,000,000 98-276 121 

Pawnshop - 

Erdman Avenue (4500) 98-358 577 

Monument Street (E 2201) 97-230 29 

Old Town Mall (529) 98-259 84 

Payment in lieu of taxes - 

Employer-leased, privately-financed parking 

facilities on City land 98-335 379 

Hotel facilities on City land in urban renewal 

areas 98-253 71 

Hotel facilities on City land in urban renewal 

areas - Inner Harbor East 98-254 75 

Newly constructed market rate rental housing 

buildings on City land 98-369 598 

Penhurst Avenue (3831 and 3939) - Nursing home . . 97-221 12 

Planned Unit Development - 

See Zoning - Planned Unit Development 

Poe Avenue (4801 and 4804) - Zoning change 97-220 11 

Pratt Street (W 1701) - Home for the 

rehabilitation of non-bedridden alcoholics and 

for the care and custody of homeless persons . . 98-361 587 

Prepayable criminal citations may be issued by 
Special Enforcement Officers for certain 
offenses 98-359 578 

Property acquisition - 

Bank Street (1205) for off-street parking facility . . 98-302 227 

Central Avenue (S 400) for off-street parking 

facility 98-301 225 

Ostend Street (W 701) for off-street parking 

facility 98-305 232 



630 



1997-1998 Session 

Ordinance Page 

Southern boundary line of Baltimore City near 
Pennington Avenue for the Cedar Hill 

Sewer Interceptor 98-348 511 

Wilmington Avenue and Wilkens Avenue 
area for parcels of land for a temporary 

easement for public utility rights of way 97-214 1 

Property sale - 

Carlisle Avenue (3416) 98-251 68 

ClarksLane (3211) 98-232 35 

Exeter Hall Avenue (1400) 98-324 270 

Fait Avenue (Portion of 6820 - Southeast 

Middle School #255) 98-279 128 

Front Street (N 100) 98-289 157 

Imla Street, former bed of 98-365 592 

Pulaski Highway (4700) 98-245 56 

Thames Street (1417) 98-265 98 

Ward 8, Section 1, Block 4199 98-366 594 

Winner Avenue (Rear of 6303-6307) 98-367 596 

Property tax credit - 

Brownfields 98-248 59 

Newly constructed dwellings 98-283 138 

Northwest Family Sport Center 98-284 140 

South Baltimore Little League 98-282 136 

Telecommunications renovations 98-350 516 

Property tax rate for Fiscal Year 1999 98-329 322 

Pulaski Highway (4700) - Property sale 98-245 56 

Pulaski Street (S 349) - Drug abuse rehabilitation 

and treatment center 98-363 589 



631 



1997-1998 Session 

Ordinance Page 

R 

Renaming City property - 
See Naming City property 

Reserved parking - 
See Parking reserved 

Resolutions of the Mayor and City Council - 
Ceremonial Street Name Change - Honoring 

the Saint Katherine School Res. 98-10 602 

Charles Village Community Benefits District and 

Management Authority Res. 98-1 1 602 

Commission to Preserve and Promote 

African-American Cultural and Historical Sites 

and Records Res. 98-12 604 

Operating Budget for the New Baltimore City 
Board of School Commissioners for the Fiscal 

Year ending June 30, 1999 Res. 98-13 607 

Washington-Baltimore 2012 Summer Olympic 

Games Res. 98-14 612 

Retirement Systems - 

Employees' Retirement System - 

Redefining "actuarial equivalent" and 

changes regarding beneficiaries 98-290A 159 

Fire and Police Employees' Retirement System 

Benefit improvements 98-319 249 

Redefining "actuarial equivalent" and 

changes regarding beneficiaries 98-290A 159 

Revenue obligations - 

Parking - $225,000,000 98-276 121 

Water projects - $190,000,000 98-275 119 

Rezoning - 

See Zoning change 



632 



1997-1998 Session 

Ordinance Page 

Roland Avenue (3613, 3615, 3617, 3619) - 

Parking lot 98-288 155 

Roland N. Patterson, Sr. Academy - Naming City 

property 98-250 67 

Russell Street (2300 and 2301) - Zoning change .... 97-223 15 



Saint Katherine School - Ceremonial 

street name change Res. 98-10 602 

Sarah Ann Street - 

Streets - close 98-238 43 

Streets - open 98-237 42 

Selective Service System registration of potential, 
new City employees required for those required 

by federal law to register 98-328 321 

Service and Housing Center - 

High Street (N 301-321) 98-357 574 

Smallwood Street (N 2-24) - Parking lot 98-290 158 

Smoking in City buildings - 

Advisory No Smoking Committee repealed 98-255 77 

South Baltimore Business Area - Urban Renewal 

Plan 98-327 288 

South Baltimore Little League property tax credit . . . 98-282 136 



633 



1997-1998 Session 

Ordinance Page 

Southern boundary line of Baltimore City near 
Pennington Avenue for the Cedar Hill Sewer 

Interceptor - Property acquisition 98-348 511 

Special enforcement officers - 

Prepayable criminal citations may be issued for 

certain offenses 98-359 578 

St. Katherine of Alexandria Protestant Episcopal 

Church, 2001 Division Street - Landmark List . . 98-349 515 

Street encroachment - 

Broadway (N 1009) 97-217 7 

Fayette Street (E 1200) 98-308 235 

Streets - Close - 

Charles North Business Area - certain streets and 

alleys 98-274 115 

Inner Harbor East Urban Renewal Project - 

certain streets 98-291 208 

Sarah Ann Street 98-238 43 

Streets - Open 

Charles North Business Area - certain streets and 

alleys 98-273 113 

Inner Harbor East Urban Renewal Project - 

certain streets 98-281 131 

Sarah Ann Street 98-237 42 

Structural projections at the northwest corner of 

Light and Hughes Streets - Franchise 98-285 141 



Tacoma Street (2201-2223 and 2257) - 

Zoning change 97-223 15 



634 



1997-1998 Session 

Ordinance Page 

Tax - 

Property tax rate for Fiscal Year 1999 98-329 322 

Tax credit - 

Brownfields 98-248 59 

Newly constructed dwellings 98-283 138 

Northwest Family Sport Center 98-284 140 

South Baltimore Little League 98-282 136 

Telecommunications renovations 98-350 516 

Telecommunications renovations - property tax 

credit 98-350 516 

Thames Street (1417) - Property sale 98-265 98 

U 

Upton - Amendment 12 - Urban Renewal Plan 98-338 409 

Urban Renewal Plan - 

Caton/95 - Amendment 3 98-322 267 

Caton/95 - Amendment 4 98-336 383 

Coldstream Homestead Montebello - 

Amendment 6 98-351 521 

Hampden Business Area - Amendment No. 1 .... 98-261 87 

Harlem Park Project II - Amendment 4 98-337 385 

Inner Harbor East - Amendment No. 7 97-23 1 31 

Jonestown - Amendment 3 98-266 99 

Market Center - Amendment 11 98-333 338 

Park Heights - Amendment 9 98-332 336 

South Baltimore Business Area 98-327 288 

Upton - Amendment 12 98-338 409 

West Coldspring Transit Station - Amendment 1 . . 98-334 347 



635 



1997-1998 Session 

Ordinance Page 

V 

Vehicle alarms 98-263 91 

Venable Senior High School, 701 E. 34 th Street, 
to Waverly Career Center - Naming City 

property 98-293 216 

Vicious Dog Hearing Board created 98-287 147 

W 

Ward 8, Section 1, Block 4199 - Property sale 98-366 594 

Washington-Baltimore 2012 Summer Olympic 

Games Res. 98-14 612 

Washington Boulevard (3140) - Zoning change 98-330 323 

Water projects revenue obligations - $190,000,000 . . 98-275 119 

West Coldspring Transit Station - Amendment 1 - 

Urban Renewal Plan 98-334 347 

West Street (W 150) - Parking lot 98-300 224 

Wilmington Avenue and Wilkens Avenue 
area for parcels of land for a temporary 

easement for public utility rights of way 97-214 1 

Winner Avenue (Rear of 6303-6307) - Property 

sale 98-367 596 

Wolfe Street (S 708-724) and Lancaster 

Street (1816-1824) - Zoning change 98-306 233 



636 



1997-1998 Session 

Ordinance Page 

Woodbourne Center (E 2041 Fayette Street) - 

Altering certain conditional use restrictions 98-242 49 



Zoning change - 

Annapolis Road (2001-2047-odd, 2201-2219-odd, 

and 2206-2232-even) 97-223 15 

Ashburton Area (certain properties within the 

area bounded by Wabash Avenue, Liberty 
Heights Avenue, Callaway Avenue, Belle 

Avenue, Dolfield Avenue, and Hilton Road) . 98-331 324 

Exeter Hall Avenue (1400) 98-323 269 

Franklintown Road (N 1215) 98-321 266 

Lancaster Street (1816-1824) and Wolfe Street 

(S 708-724) 98-306 233 

Lot 34, Block 5497 98-277 125 

Poe Avenue (4801 and 4804) 97-220 11 

Russell Street (2300 and 2301) 97-223 15 

Tacoma Street (2201-2223 and 2257) 97-223 15 

Washington Boulevard (3140) 98-330 323 

Wolfe Street (S 708-724) and Lancaster 

Street (1816-1824) 98-306 233 

Zoning Code - amendments - 

Certified massage therapists' offices added to 
list of conditional uses in the O-R District and 
to the list of permitted uses in the B-2, B-3, 

B-4, B-5, M-l, M-2, and M-3 Districts .... 98-252 69 

Outdoor recreational facilities added to list of 
conditional uses in the M-2 and 

M-3 Districts 97-215 4 

Zoning - Planned Unit Development - 

Baltimore Inner Harbor East 97-229 26 

Caton Avenue (S 1501) 97-225 20 



637 



1997-1998 Session 

Ordinance Page 

Holabird Manor (1717-1726 Nome Street, 1708, 
1710,1712 Dundalk Avenue, and 66 1 3 

Hartwait Street) 98-320 263 

New Lexington Terrace 98-235 39 



2308 



638 



DO NOT CIRCULATE 



UNIV. OF MD COLLEGE PARK 



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bookbinding 

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jULY-DEC 2000